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HomeMy WebLinkAbout05-18-2011 Council AgendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, MAY 18, 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 meetings of the Council: Council Meeting of April 20, 2011 Public Hearing of May 4, 2011 re: Bills Nos. 2404, 2405 and 2406 COMMUNICATIONS: C 2011 -142 Communication (04/05/2011) from the County Engineer, transmitting for Council consideration, a traffic resolution to repeal an existing crosswalk on Rice Street fronting the Isenberg Memorial (vicinity of Haleko Road) established by Resolution No. 68. (See Resolution No. 2011 -54) C 2011 -143 Communication (04/15/2011) from Councilmember Bynum, requesting the Administration's presence to discuss the implementation of Act 68 of the 2010 legislative session (Chapter 103B, Haw. Rev. Stat.), which requires that Hawaii residents compose 80% of the workforce employed to perform government construction contracts, and to describe the steps taken by the County to ensure compliance with Chapter 103B, Haw. Rev. Stat. C 2011 -144 Communication (04/18/2011) from Councilmember Bynum, requesting agenda time for the Administration to discuss the imposition and enforcement of conditions relating to the employment of Hawaii residents on projects approved by the Planning Department or Planning Commission. C 2011 -145 Certification (04/21/2011) of the 2011 Real Property Assessment List within the County of Kauai by the Director of Finance. (Real Property Assessment List 2011 on file in the County Clerk's Office.) Council Meeting Agenda 2 May 18, 2011 C 2011 -146 Communication (04/21/2011) from the County Engineer, transmitting for Council consideration, a traffic resolution establishing no- parking restrictions at any time and tow away zone along a portion of Weke Road in the vicinity of the Hanalei Beach Park Pavilion, Hanalei District. (See Resolution No. 2011 -55) C 2011 -147 Communication (04/21/2011) from the County Engineer, transmitting for Council consideration a traffic resolution establishing a school bus stop on Lohe Road, Kukuiolono Estate Subdivision, Koloa District. (See Resolution No. 2011 -56) C 2011- 148 Communication (04/26/2011) from the Director of the Office of Economic Development, requesting agenda time for Lieutenant Governor Brian Schatz to do a presentation on the Asia - Pacific Economic Cooperation (APEC) USA 2011 Convention being held on Oahu from November 7 — 13, and to also provide information on other initiatives and activities taking place during this event. C 2011 -149 Communication (04/26/2011) from the Director of Finance, transmitting for Council information, the Period 9 Financial Reports — Statement of Revenues as of March 31, 2011, for Fiscal Year 2011, including the Statement of Revenues — Estimated and Actual, Revenue Report, Statement of Expenditures and Encumbrances, and Detailed Budget Report, pursuant to Section 21 of the Operating Budget Ordinance (B- 2010 -705), County of Kauai. (Copy on file in the County Clerk's Office.) C 2011 -150 Communication (04/26/2011) from Chair Shiraishi of the Charter Review Commission, requesting Council comments regarding the Charter Amendment proposal to establish a permanent Charter Review Commission, including the burden and cost to the County to support a permanent commission. C 2011 -151 Communication (04/27/2011) from Councilmember Bynum, transmitting for Council consideration, a proposal to amend Chapter 5A, Kaua`i County Code 1987, as amended, relating to home exemptions. (See Proposed Draft Bill (No. 2408)) C 2011 -152 Communication (04/28/2011) from the County Engineer, transmitting for Council consideration a traffic resolution amending Resolution No. 2011 -34, which established no parking restrictions in the vicinity of the Grand Hyatt Kauai Resort & Spa, to include a no- parking restriction at their main entrance on Po`ipu Road. (See Resolution No. 2011 -57) Council Meeting Agenda 3 May 18, 2011 C 2011 -153 Communication (04/29/2011) from the Director of Personnel Services, transmitting for Council information, the Second Quarter Reports (January — March) relative to vacancies, new hires, reallocations, promotions, as well as additional information regarding positions established. C 2011 -154 Request (05/03/2011) from the Office of the County Attorney for authorization to expend up to $90,000.00 to engage special counsel to assist with the refinancing of approximately $27 million of County of Kaua`i's 2001A General Obligation Bonds. C 2011 -155 Communication (05/03/2011) from Council Vice -Chair Yukimura, providing written disclosure on the record of a possible conflict of interest and her recusal on the Kapa`a /Lihu`e Boys & Girls Club Facilities Upgrade Grant line item in Bill No. 2403, due to her position on the Advisory Board for the Boys & Girls Club of Hawaii. C 2011 -156 Communication (05/04/2011) from Councilmember Chang, providing written disclosure on the record of a possible conflict of interest and his recusal on the "Commercial Support — Kaua`i Marathon" line item under the "Other Services" line item (Account No. 001 - 0901 - 512.30 -00) in Bill No. 2402, due to his ownership of Wala`au Productions. C 2011 -157 Communication (05/05/2011) from Councilmember Rapozo, providing written disclosure on the record of a possible conflict of interest and his recusal on C 2011 -132 (on the May 4, 2011, Council Agenda), a request from the Prosecuting Attorney to purchase a 2003 Chevrolet Cavalier with VOCA grant funds, because he was employed by the Prosecutor's Office and participated in the appraisal of the vehicle. C 2011 -158 Communication (05/05/2011) from Councilmember Chang, providing written disclosure on the record of a possible conflict of interest and his recusal on ES -486 (on the May 4, 2011, Council Agenda) regarding a claim filed by Garden Isle Disposal. C 2011 -159 Communication (05/05/2011) from the Mayor, submitting his supplemental budget communication for Fiscal Year 2011 -2012 and proposed amendments to the budget bills, pursuant to Section 19.02A of the Kauai County Charter. (Copy on file in the County Clerk's Office.) (Public hearing scheduled for May 25, 2011 at 8:30 a.m.) C 2011 -160 Communication (05/05/2011) from Council Vice Chair Yukimura, transmitting for Council consideration, a resolution promoting the Safe Routes to School Program, which helps form multidisciplinary task forces at each participating school, enabling students to walk and bike safely to school. (See Resolution No. 2011 -58) Council Meeting Agenda 4 May 18, 2011 C 2011 -161 Communication (05/06/2011) from Councilmember Chang, providing written disclosure on the record of a possible conflict of interest and his recusal on the "Recycling Programs" line item (for operations with the Kauai Recycles Program) under "Other Services" line item (Account No. 208 - 2033 - 641.30 -00) in Bill No. 2402, due to his ownership of Wala`au Productions. C 2011 -162 Communication (05/06/2011) from Councilmember Kuali`i, providing written disclosure on the record of a possible conflict of interest and his recusal on the "YWCA Family Violence Shelter" line item and the "YWCA Sexual Assault Treatment Program" line item under "Other Services" line item (Account No. 001 - 0901 - 512.30 -00) in Bill No. 2402, due to his employment with the YWCA. C 2011 -163 Communication (05/06/2011) from the Director of Finance, transmitting for Council consideration, a resolution approving the issuance of General Obligation Refunding Bonds to refund all or a portion of outstanding General Obligation Bonds, Series 2001A, previously issued by the County of Kauai. (See Resolution No. 2011 -59) C 2011 -164 Communication (05/12/2011) from Council Chair Furfaro, requesting agenda time for a briefing on the 2011 Legislative Regular Session by the Kauai State Legislative Delegation. C 2011 -165 Communication (04/14/2011) from the Chief of the Building Division, Department of Public Works, requesting Council approval to accept and expend moneys from a Kauai Island Utility Cooperative grant, to upgrade and expand the existing Energy Management System (EMS) at the Kapule Building in the Lihu`e Civic Center Complex, in the amount of $56,000.00, which would subsidize the County's $60,000.00 investment to fund this portion of the work. C 2011 -166 Communication (04/21/2011) from the Chief of Police, requesting Council approval to accept and utilize a vehicle acquired through the Asset Forfeiture Program, that replaces a previously disposed vehicle that had been assigned to Vice /Narcotics Unit and will be used for law enforcement purposes. C 2011 -167 Communication (04/25/2011) from the Fire Chief, requesting Council approval to apply for, receive, and expend the 2012 State of Hawaii, Department of Transportation, Highway Safety Grant, of $36,057.95 to purchase necessary equipment for the firefighters to ensure scene safety and to safely mitigate vehicle accidents. Council Meeting Agenda 5 May 18, 2011 C 2011 -168 Communication (04/27/2011) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend $8,990.00 of federal Highway Safety funds from the State of Hawaii, Department of Transportation, to be used for travel, internet access, and training. (Exhibit I — State of Hawaii, Highway Safety Project Grant Agreement on file in the Clerk's Office) C 2011 -169 Communication (04/27/2011) from the Director of Housing, requesting Council approval to apply for, receive, expend, and indemnify $133,000.00 in grant money for two Housing Choice Voucher Family Self- Sufficiency Program Coordinators' salaries ($69,000 — Specialist II and $64,000 — Specialist I) from the U.S. Department of Housing and Urban Development. C 2011 -170 Communication (04/28/2011) from the Director of Parks & Recreation, requesting Council approval of the agreement between the County of Kauai and First Hawaiian Bank, regarding the installation of an ATM machine at the Wailua Golf Course, for the convenience of the golfers and patrons of the Wailua Golf Course, the restaurant and the pro shop. C 2011 -171 Communication (05/03/2011) from the County Engineer, transmitting for Council review, comment, and approval the Proposed Islandwide Resurfacing List for Fiscal Year 2011 -2012. LEGAL DOCUMENT: C 2011 -172 Communication (04/18/2011) from the Environmental Services Management Engineer, Department of Public Works, transmitting for Council consideration and approval of the following from the State of Hawaii Agribusiness Development Corporation: • Right -of -Entry Agreement to the portion of property located at Kalepa, Kauai, described as TMK: (4) 03- 009 -002 (portion), to the County of Kauai, to conduct an environmental assessment related to the construction and operation of a landfill, and to indemnify Agribusiness Development Corporation as contained in paragraph no. 6 of the Agreement. C 2011 -173 Communication (03/29/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by USAA, as subrogee for John Wetzler for damage to an Avis rental vehicle driven by the insured, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 6 May 18, 2011 COMMITTEE REPORTS: ECONOMIC DEVELOPMENT & RENEWABLE ENERGY STRATEGIES COMMITTEE CR -EDR 2011 -04 on Bill No. 2404 - 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 Marathon grant x'150,000.00) [Approved.] PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE CR -PSE 2011 -06 on 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) [Approved.] FINANCE / PARKS & RECREATION / PUBLIC WORKS PROGRAMS COMMITTEE CR -FPP 2011 -03 on FPP 2011 -02 Communication (05/02/2011) from Councilmember Yukimura, requesting agenda time for Deb Hubsmith, Director of the National Safe Routes to School (SRTS) partnership, to provide a briefing on the Safe Routes to School Program. [Received for the record.] CR -FPP 2011 -04 on 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 [Approved.] RESOLUTIONS: Resolution No. 2011 -54, RESOLUTION REPEALING AN EXISTING CROSSWALK ON RICE STREET FRONTING THE ISENBERG MEMORIAL, LIHU`E DISTRICT, COUNTY OF KAUAI Resolution No. 2011 -55, RESOLUTION ESTABLISHING NO- PARKING AT ANY TIME AND TOW AWAY ZONE ALONG A PORTION OF WEKE ROAD, HANALEI DISTRICT Council Meeting Agenda May 18, 2011 Resolution No. 2011 -56, RESOLUTION ESTABLISHING A SCHOOL BUS STOP ON LOHE ROAD, KUKUIOLONO ESTATE SUBDIVISION, KOLOA DISTRICT, COUNTY OF KAUAI Resolution No. 2011 -57, RESOLUTION AMENDING RESOLUTION NO. 2011 -34 ESTABLISHING NO- PARKING AT ANY TIME ALONG PORTIONS OF PO`IPU ROAD, KOLOA DISTRICT Resolution No. 2011 -58, RESOLUTION SUPPORTING THE SAFE ROUTES TO SCHOOL PROGRAM Resolution No. 2011 -59, RESOLUTION APPROVING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS TO REFUND ALL OR A PORTION OF THE OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2001A PREVIOUSLY ISSUED BY THE COUNTY OF KAUAI BILL FOR FIRST READING: Proposed Draft Bill (No. 2408) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA`I COUNTY CODE 1987, RELATING TO HOME EXEMPTIONS BILLS FOR SECOND READING: Bill No. 2404 — 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 Marathon grant $150,000.00) (See CR -EDR 2011-, Economic Development & Renewable Energy Strategies Committee recommended approval on 05/11/2011.) 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) (See CR -PSE 2011; Public Safety & Environmental Services Committee recommended approval on 05/11/2011.) 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 (See CR -FPP 2011; Finance/Parks & Recreation/ Public Works Programs Committee recommended approval on 05/11/2011.) Council Meeting Agenda 8 May 18, 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 -487 Pursuant to Haw. Rev. Stat. § §92 -4 and 92- 5(a)(4) and (8); and Kauai County Charter §3.07(E), the purpose of this executive session is to consult with the Council's legal counsel to receive legal updates, overviews, and recommendations for purposes of obtaining Council approval of proposed settlement of a workers' compensation claim, and evaluate employees' ability to return to work. This deliberation and /or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. 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. 2407 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B- 2010 -706, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011, BY REVISING THE PROJECT DESCRIPTION OF CERTAIN ITEMS CONTAINED IN THE BOND FUND 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, 3371 -A WILCOX ROAD, LIHU`E, KAUAI. TELEPHONE NO. 241 -4188.