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HomeMy WebLinkAbout10-19-2011 Council AgendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, OCTOBER 19, 2011 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Suite 201 Li -hu`e, Kauai, Hawaii 96766 MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Special Council Meeting of September 7, 2011 Public Hearing of October 5, 2011 re: Bills Nos. 2412, 2413, 2414 and 2415 CONSENT CALENDAR: C 2011 -287 Statement of the Condition of the Treasury as of August 12, 2011 C 2011 -288 Communication (09/23/2011) from the County Engineer, transmitting for Council consideration a traffic resolution to establish a 15 mile per hour speed limit within the Kekaha Residential Lots Unit 4 — Subdivision, Waimea District, County of Kauai. (See Resolution No. 2011 -74) C 2011 -289 Communication (09/23/2011) from the County Engineer, transmitting for Council consideration, a traffic resolution to establish stop signs and stop lines within Kekaha Residential Lots Unit — 4 Subdivision, Waimea District, County of Kauai. (See Resolution No. 2011 -75) C 2011 -290 Communication (09/26/2011) from the Interim Planning Director, transmitting for Council consideration, the Planning Commission's recommendation to amend Chapter 8, Article 7, of the Kauai County Code 1987, as amended, to clarify permitting requirements regarding farm worker housing. (Staff Report dated August 30, 2011, Exhibit A "Proposed Draft Bill," Exhibit B "Original Farm Worker Housing Ordinance" (Ordinance 903), and Excerpt from the August 30, 2011 Kauai Planning Commission Meeting on file in the County Clerk's Office.) (See Proposed Draft Bill (No. 2420)) Council Meeting Agenda 2 October 19, 2011 C 2011 -291 Communication (09/26/2011) from the Interim Director of Planning, transmitting for Council consideration, the Planning Commission's recommendation to amend Chapter 8 of the Kauai County Code, as amended, to establish an imposition of civil fine authority for the County of Kauai Planning Department. (Staff Report dated August 24, 2010, Supplementary Report dated August 24, 2010, and Excerpts from the August 24, 2010 and September 28, 2010 Kauai Planning Commission Meetings on file in the County Clerk's Office.) (See Proposed Draft Bill (No. 2421)) C 2011 -292 Communication (10/10/2011) from Councilmember Nakamura, transmitting for Council consideration, amendments to Chapter 8, Kauai County Code 1987, relating to the Comprehensive Zoning Ordinance (CZO), to exclude bus stops, bus shelters and public multi -use paths from land coverage calculation by amending the definition of "Land Coverage" and adding a new definition for "Public Shared Use Path" in Section 8 -1.5 of the CZO. (See Proposed Draft Bill (No. 2422)) SPECIAL ORDER OF THE DAY: C 2011 -286 Request (09/27/2011) from the Office of the County Attorney for authorization to expend funds up to $75,000.00 to retain special counsel to represent the County of Kauai in County of Kauai vs. Michael Guard Sheehan, et al., Civil No. 11 -1 -0098 (Condemnation), Fifth Circuit Court, and related matters. (Insufficient votes to carry the motion to approve. Pursuant to Rule 5(e) of the Rules of the County Council, the communication is automatically made the special order of the day for the next regular Council meeting.) COMMUNICATIONS: C 2011 -293 Communication (09/26/2011) from the County Engineer, requesting Council approval to (1) apply for and receive support (including engineering and construction labor and equipment) from the Department of Defense Civil- Military Innovative Readiness Training Program and (2) the associated Release and Hold Harmless Agreement, to construct the Kawaihau Spur elevated boardwalk section of the Lydgate- Kapa`a Bike /Pedestrian Path. C 2011 -294 Request (10/13/2011) from the Office of the County Attorney for authorization to expend additional funds up to $15,000.00 to enable special counsel's continued representation in Michael G. Sheehan vs. County of Kauai, et al., Civil No. 10 -1 -0161 (Agency Appeal), Fifth Circuit Court, currently being appealed by Mr. Sheehan under Intermediate Court of Appeals No. CAAP -11- 0000601, and related matters. Council Meeting Agenda 3 October 19, 2011 CLAIMS: C 2011 -295 Communication (09/27/2011) from then County Clerk Peter A. Nakamura, transmitting a claim filed against the County of Kauai by Rona C. Sakai for damage to her personal property, pursuant to Section 23.06, Charter of the County of Kauai. C 2011 -296 Communication (10/05/2011) from then County Clerk Peter A. Nakamura, transmitting a claim filed against the County of Kauai by Eric Rita for financial loss, and emotional and psychological distress, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: HOUSING /TRANSPORTATION/ENERGY CONSERVATION & EFFICIENCY COMMITTEE REPORT: CR -HTE 2011 -02: on HTE 2011 -01 Communication (9/30/2011) from Committee Chair Yukimura, requesting the presence of Desiree Vea, Community Services Specialist, Hawaiian Community Assets (HCA) organization, to provide an update and overview of the many services and programs offered by HCA. [Received for the record.] ECONOMIC DEVELOPMENT & RENEWABLE ENERGY STRATEGIES COMMITTEE REPORTS: CR -EDR 2011 -06: on EDR 2011 -03 Communication (9/9/2011) from Council Chair Furfaro, requesting the Administration's presence to discuss Bill No. 2415, relating to Real Property Tax Exemptions for Commercial Alternative Energy Facilities. [Received for the record.] CR -EDR 2011 -07: on Bill No. 2414 A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. B- 2011 -732, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2011 THROUGH JUNE 20, 2012 BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($5,600. 00 — Office of the County Clerk) [Received for the record.] PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE REPORT: CR -PSE 2011 -09: on Reso. No. 2011 -73 RESOLUTION TO ADOPT THE PRINCIPLES OF ZERO WASTE AS THE WASTE MANAGEMENT POLICY FOR THE COUNTY OF KAUAI [Approved as amended.] Council Meeting Agenda 4 October 19, 2011 FINANCE /PARKS & RECREATION /PUBLIC WORKS PROGRAMS COMMITTEE REPORTS: CR -FPP 2011 -10: on Bill No. 2412 CR -FPP 2011 -11: on Bill No. 2413 RESOLUTIONS: A BILL FOR AN ORDINANCE TO ESTABLISH A NEW ARTICLE 20, CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO UNLAWFUL CONSUMPTION, POSSESSION OR CONTROL OF INTOXICATING LIQUOR WITHIN PARKING LOTS AND GROUNDS ADJACENT TO THE HISTORIC COUNTY BUILDING, COUNTY ANNEX AND LIHU`E CIVIC CENTER [Approved.] A BILL FOR AN ORDINANCE TO ESTABLISH A NEW ARTICLE 21, CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO URINATING OR DEFECATING IN PUBLIC AREAS ADJACENT TO THE HISTORIC COUNTY BUILDING, COUNTY ANNEX AND LIHU'E CIVIC CENTER [Approved.] Resolution No. 2011 -73, Draft 1, RESOLUTION TO ADOPT THE PRINCIPLES OF ZERO WASTE AS THE WASTE MANAGEMENT POLICY FOR THE COUNTY OF KAUAI (CR -PSE 2011 -09, Public Safety & Environmental Services Committee recommended approval of Resolution No. 2011 -73 as amended on October 12, 2011.) Resolution No. 2011 -74, RESOLUTION ESTABLISHING A SPEED LIMIT WITHIN THE KEKAHA RESIDENTIAL LOTS UNIT -4 SUBDIVISION WAIMEA DISTRICT, COUNTY OF KAUAI Resolution No. 2011 -75, RESOLUTION ESTABLISHING STOP SIGNS AND STOP LINES WITHIN THE KEKAHA RESIDENTIAL LOTS UNIT -4 SUBDIVISION WAIMEA DISTRICT, COUNTY OF KAUAI BILLS FOR FIRST READING: Proposed Draft Bill (No. 2420) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Clarifying farm worker housing permitting requirements) Proposed Draft Bill (No. 2421) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, ARTICLE 24 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, FOR THE IMPOSITION OF CIVIL FINE AUTHORITY FOR THE COUNTY OF KAUAI PLANNING DEPARTMENT Council Meeting Agenda 5 October 19, 2011 Proposed Draft Bill (No. 2422) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Excluding bus stops, bus shelters and public multi -use paths from land coverage calculation) BILLS FOR SECOND READING: Bill No. 2412 — A BILL FOR AN ORDINANCE TO ESTABLISH A NEW ARTICLE 20, CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO UNLAWFUL CONSUMPTION, POSSESSION OR CONTROL OF INTOXICATING LIQUOR WITHIN PARKING LOTS AND GROUNDS ADJACENT TO THE HISTORIC COUNTY BUILDING, COUNTY ANNEX AND LIHU`E CIVIC CENTER (See CR -FPP 2011 -10, Finance/Parks & Recreation/Public Works Programs Committee recommended approval on October 12, 2011.) Bill No. 2413 — A BILL FOR AN ORDINANCE TO ESTABLISH A NEW ARTICLE 21, CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO URINATING OR DEFECATING IN PUBLIC AREAS ADJACENT TO THE HISTORIC COUNTY BUILDING, COUNTY ANNEX AND LIHU`E CIVIC CENTER (See CR -FPP 2011 -11, Finance/Parks & Recreation/Public Works Programs Committee recommended approval on October 12, 2011.) Bill No. 2414 — A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. B- 2011 -732, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2011 THROUGH JUNE 30, 2012 BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($5,600.00 — Office of the County Clerk) (See CR -EDR 2011 -07, Economic Development & Renewable Energy Strategies Committee recommended receipt on October 12, 2011.) 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 -507 Pursuant to HRS sections 92 -4, 92- 5(a)(4), and section 3.07(e) of the Kauai County Charter, the Office of the County Attorney, on behalf of the Council, requests an executive session with the Council to provide the Council with a briefing on the retention of special counsel to represent the County of Kauai in County of Kauai vs. Michael Guard Sheehan, et al., Civil No. 11 -1 -0098 (Condemnation), Fifth Circuit Court, and related matters. The 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 6 October 19, 2011 ES -508 Pursuant to HRS sections 92 -4, 92- 5(a)(4), and section 3.07(e) of the Kauai County Charter, the Office of the County Attorney requests an executive session with the Council to provide the Council with a briefing and consultation on Michael G. Sheehan vs. County of Kauai, et al., Civil No. 10 -1 -0161 (Agency Appeal), Fifth Circuit Court, currently being appealed by Mr. Sheehan under Intermediate Court of Appeals No. CAAP -11- 0000601, and related matters. The 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. 2416 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX (For the Tax Year 2012) Bill No. 2417 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX (For the Tax Year 2013) Bill No. 2418 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B -2011- 733, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAI`l, FOR THE FISCAL YEAR JULY 13 2011 THROUGH JUNE 30, 2012, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE BOND, GENERAL (CIP), AND HIGHWAY FUNDS (CIP) 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, SUITE 209, LIHU`E, KAUAI. TELEPHONE NO. 241 -4188.