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Home My WebLink About07-06-2011 Council AgendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, JULY 6, 2011 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS 3371 -A Wilcox Road Lihu`e, Kauai, Hawaii 96766 MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Council Meeting of June 1, 2011 Special Council Meeting of June 15, 2011 COMMUNICATIONS: C 2011 -194 Statement of the Condition of the County Treasury as of February 17, 2011. C2011-195 Statement of the Condition of the County Treasury as of May 16, 2011. C 2011 -196 Communication (04/28/2011) from the County Auditor, transmitting for Council information, the Audit of Implementation of the Recommendations of the Cost Control Commission Concerning Energy Savings. (Copy on file in the County Clerk's Office.) C 2011 -197 Communication (05/27/2011) from the Director of Finance, transmitting for Council information, the Period 10 Financial Reports — Statement of Revenues as of April 30, 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 -198 Communication (06/03/2011) from the Chief of the Building Division, Department of Public Works, transmitting for Council information, the Monthly Report on Building Permit Information for May 2011 which includes the following: (1) Building Permit Processing Report (2) Building Permit Estimated Value Summary (3) Building Permits Tracking Report (4) Building Permits Status Council Meeting Agenda 2 July 6, 2011 C 2011 -199 Communication (06/08/2011) from Councilmember Chang, requesting agenda time for the Administration to provide the Council with a status report on the Lydgate Pond Restoration Project. C 2011 -200 Communication (06/09/2011) from Councilmember Chang, requesting the following: (1) Agenda time for the Chief of Police to provide the Council with an update on Ordinance No. 892 (relating to mobile electronic devices) since its implementation nearly a year ago, to include an overall assessment of the effectiveness of the program, the number of citations issued, and community and visitor educational efforts. (2) The presence of Ray McCormick, District Engineer, State Department of Transportation, Highways Division, to comment on the possible use of signage along State highways for public and visitor educational purposes as it relates to Ordinance No. 892. C 2011 -201 Communication (06/22/2011) from the Interim Director of Planning, transmitting for Council consideration, the Planning Commission's amendments to the Council's Proposed Draft Bill (No. 2386), relating to the permitting process for transient accommodation units. (Proposed Draft Bill No. 2386 with amendments recommended by the Planning Commission, Staff Report, Supplement #1 to Staff Report, Supplement #2 to Staff Report, Excerpts from the 21812011, 212212011, 312212011 and 512412011 Planning Commission Meeting/Workshop Minutes are on file in the County Clerk's Office.) (See Proposed Draft Bill No. 2410) C 2011 -202 Communication (06/01/2011) from the Chief of Police, requesting Council approval to accept, expend and indemnify the Hawaii Narcotics Task Force (HNTF) Contract through the State of Hawaii, Department of the Attorney General, in the amount of $16,887.00 to combat the distribution of illegal narcotics. The project period for this grant is from April 1, 2011 to August 31, 2011 and will be funded recurrently on an annual basis. C 2011 -203 Communication (06/13/2011) from the Prosecuting Attorney, requesting Council approval of the following: (1) To apply for, receive and expend state funds from the Career Criminal Prosecution Program Grant in the amount of $61,938.00 for the continuation of the Kauai Career Criminal Prosecution Program, for the term July 1, 2011 through June 30, 2012, to fund the program's staff salaries and wages; and (2) To indemnify the State of Hawaii, Department of the Attorney General. Council Meeting Agenda 3 July 6, 2011 C 2011 -204 Communication (06/13/2011) from the requesting Council approval of the following: Prosecuting Attorney, (1) To apply for, receive, and expend federal funds from the Crime Victim Assistance Grant in the amount of $191,417.00 for the Kauai Victim Of Crime Act (VOCA) Expansion Program, for the term commencing August 1, 2011, to fund the program's salaries, fringe, and operational expenses; and (2) To indemnify the State of Hawaii, Department of the Attorney General. C 2011 -205 Communication (06/13/2011) from the Prosecuting Attorney, requesting Council approval of the following: (1) To apply for, receive, and expend state funds from the Victim Witness Assistance Program Grant in the amount of $20,186.00 for the continuation of the Kauai Victim Witness Program, for the term July 1, 2011 through June 30, 2012, to fund the Victim Witness Clerk's salary and wage; and (2) To indemnify the State of Hawaii, Department of the Attorney General. C 2011 -206 Communication (06/13/2011) from the Chief of Police, requesting Council approval to accept and utilize adult crossing guard equipment (15 yellow raincoats with "Crossing Guard" logo, 15 Crossing Guard reflective vests, and 15 Crossing Guard signs) purchased by "Get Fit Kauai" through a grant from the CDC (Centers for Disease Control and Prevention) — Communities Putting Prevention to Work and donated to the Adult Crossing Guard Program. C 2011 -207 Communication (06/13/2011) from the Director of Housing, requesting Council approval for the leasehold sale of the property situated at 3868 Olona Street, Koloa, Hawaii 96756, TMK (4) 2 -8- 025 -053, at an affordable leasehold sales price based on a leasehold appraisal received for $155,000.00, and that the County Clerk be authorized to sign all documents related to the sale of this property. C 2011 -208 Communication (06/20/2011) from the Prosecuting Attorney, requesting Council approval to apply for, receive and expend funds from the Office of Victims of Crime and the Maryland Crime Victims' Resource Center, Inc., in the amount of $30,000.00 for the Project Kauai Identity Theft Coalition, for the period October 1, 2011 to September 30, 2012, to create a coalition to educate the community on identify theft, to hold public awareness campaigns, to establish a victim hotline, and to provide reading material for the public. Council Meeting Agenda 4 July 6, 2011 C 2011 -209 Communication (06/21/2011) from the Director of Housing, requesting Council approval to decline the repurchase of Unit No. 56, Villas at Puali, located at 1985 Haleukana Street, Lihu`e, Hawaii 96766, TMK 4 -3 -3- 003 - 039 -056, and to grant the owner a one -year waiver of the buyback, thus permitting the market sale of the unit by the owner for a period of one year. LEGAL DOCUMENT: C 2011 -210 Communication (05/23/2011) from the Executive on Transportation, transmitting for Council consideration and approval, the following from Kauai Christian Academy: Right -of -Entry Agreement granting the County entry to the premises situated at 4000 Kilauea Road, Kilauea, Hawaii 96754, being TMK: 5 -2- 004:102 Unit 6, to allow the Kauai Bus to pick up and drop off passengers. • To indemnify Kauai Christian Academy. CLAIMS: C 2011 -211 Communication (06/13/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Avis Rent -A -Car for damages to their vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2011 -212 Communication (06/14/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Annalia Russell for damage to her personal property, pursuant to Section 23.06, Charter of the County of Kauai. C 2011 -213 Communication (06/23/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by State Farm Insurance as subrogee for Clayton Cataluna for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: ECONOMIC DEVELOPMENT & RENEWABLE ENERGY STRATEGIES COMMITTEE REPORT: CR -EDR 2011 -05: on Bill No. 2399, Draft A BILL FOR AN ORDINANCE TO AMEND CHAPTER 23, OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE REGULATION OF BUSINESS AND TRADES [Approved as Amended.] Council Meeting Agenda 5 July 6, 2011 FINANCE / PARKS & RECREATION / PUBLIC WORKS PROGRAMS COMMITTEE REPORT: CR -FPP 2011 -05: on C 2011 -75 Communication (02/10/2011) from Council Chair Furfaro, requesting the Administration's presence to provide the Council with an update on the Kapaia Swinging Bridge Project. and FPP 2011 -03 Communication (06/16/2011) from Committee Chair Tim Bynum, requesting agenda time for Angie Westfall, Architecture Branch Chief, Department of Land and Natural Resources, State Historic Preservation Division, to discuss the historic nature of Kapaia Swinging Bridge, which is currently registered on the Hawaii and National Register of Historic Places. [Received for the Record.] RESOLUTION: Resolution 2011 -64, RESOLUTION REPEALING RESOLUTION NO. 2011 -02, DRAFT 2 AND ADOPTING RULES OF THE COUNCIL OF THE COUNTY OF KAUAI FOR THE ORGANIZATION OF COMMITTEES AND THE TRANSACTION OF BUSINESS (See CR -COW 2011 -19) BILLS FOR FIRST READING: Proposed Draft Bill (No. 2386) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8 OF THE KAUAI COUNTY CODE, 1987, AS AMENDED, RELATING TO THE PERMITTING PROCESS FOR TRANSIENT ACCOMMODATION UNITS (Referred to the Planning Commission on Nov. 24, 2010) Proposed Draft Bill (No. 2409) — A BILL FOR AN ORDINANCE TO AMEND KAUAI COUNTY CODE 1987, AS AMENDED, BY ESTABLISHING A NEW ARTICLE RELATING TO A RETAIL USE CONCESSION AT THE PIIKOI COUNTY BUILDING (Deferred 0611512011) Proposed Draft Bill (No. 2410) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE, 1987, AS AMENDED, RELATING TO THE PERMITTING PROCESS FOR TRANSIENT ACCOMMODATION UNITS (Planning Commission recommendation) BILL FOR SECOND READING: Bill No. 2399, Draft 2 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 23, OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE REGULATION OF BUSINESS AND TRADES (See CR -EDR 2011 -05, Economic Development & Renewable Energy Strategies Committee recommended approval of Bill No. 2399, Draft 1 as amended to Bill No. 2399, Draft 2 on June 29, 2011.) Council Meeting Agenda 6 July 6, 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 -490 Pursuant to Hawaii Revised Statutes Sections 92 -4 and 92- 5(a)(2 & 4), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Council pertaining to the County Auditor and, if necessary, to consult with the County's legal counsel. This session pertains to the evaluation of the County Auditor where consideration of matters affecting privacy will be involved and, if necessary, to consult with legal counsel regarding the powers, duties, privileges, immunities, and /or liabilities of the Council and the County as they relate to this agenda item. ES -491 Pursuant to Hawaii Revised Statutes Sections 92 -4 and 92- 5(a)(2 & 4), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Council pertaining to the County Clerk and, if necessary, to consult with the County's legal counsel. This session pertains to the evaluation of the County Clerk where consideration of matters affecting privacy will be involved and, if necessary, to consult with legal counsel regarding the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. ES -492 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 consult with Council regarding legal issues relating to medical waste or other solid waste at the landfill and personnel 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: 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.