Loading...
HomeMy WebLinkAbout09-07-2011 Council Agenda_AMENDED_PNAMENDED COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, SEPTEMBER 7, 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 August 3, 2011 Public Hearing of August 3, 2011 re: Bill No. 2410 Council Meeting of August 17, 2011 CONSENT CALENDAR: C 2011 -240 Communication (08/03/2011) from the Chief, Building Division, Department of Public Works, transmitting for Council information, the Monthly Report on Building Permit Information for the month of July 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 C 2011 -241 Communication (08/08/2011) from the Director of Personnel Services, transmitting for Council information, the Fourth Quarter Reports (April — June 2011) relative to vacancies, new hires, reallocations and promotions in the County, pursuant to Section 20 of the County Budget Ordinance. C 2011 -242 Communication (08/10/2011) from the Mayor, transmitting for Council consideration and confirmation, Mayoral nominee Arryl Kaneshiro to the Cost Control Commission. (See Resolution No. 2011 -68) C 2011 -243 Communication (08/12/2011) from the Director of Finance, transmitting for Council information, the Annual Certified Physical Inventory Reports for the fiscal year ending June 30, 2011. (Reports on file in the County Clerk's Office) C 2011 -244 Communication (08/12/2011) from the County Engineer, transmitting for Council consideration, a traffic resolution repealing Resolution No. 54 -91, Section XIII, Item 31 (25 miles per hour in the Koloa District), and establishing a new maximum speed limit of 15 miles per hour along the entire length of Niho Road, K51oa District, County of Kauai, State of Hawaii. (See Resolution No. 2011 -69) AMENDED Council Meeting Agenda 2 September 7, 2011 C 2011 -245 Communication (08/16/2011) from Councilmember Rapozo, providing written disclosure for the record of a possible conflict of interest and his recusal from C 2011 -237 (on the August 17, 2011 Council Meeting Agenda), relating to the Edward J. Byrne Memorial Justice Assistance Grant, because he is a member of the company that may contract to provide services funded by the grant. C 2011 -246 Communication (08/26/2011) from Chair Furfaro, transmitting for Council consideration, a proposal that outlaws consumption, possession or control of intoxicating liquor within the parking lots and grounds adjacent to the Historic County Building, County Annex and Lihu`e Civic Center. (See Proposed Draft Bill (No. 2412)) C 2011 -247 Communication (08/26/2011) from Chair Furfaro, transmitting for Council consideration, a proposal that outlaws urinating or defecating in public areas adjacent to the Historic County Building, County Annex and Lihu`e Civic Center unless in a portable toilet or restroom. (See Proposed Draft Bill (No. 2413)) C 2011 -248 Communication (08/31/2011) from Councilmember Chang, transmitting for Council consideration, a $5,600.00 appropriation from the surplus and appropriations estimated in the General Fund to fund costs associated with the County of Kaua`i's responsibility to host the Western Interstate Region (WIR) Board of Directors Meeting scheduled for October 5 -7, 2011. (See Proposed Draft Bill (No. 2414)) C 2011 -265 Communication (09/01/2011) from George K. Costa, Director of Economic Development, transmitting for Council consideration, a proposed strategic tax bill to stimulate investment in alternative energies. (See Proposed Draft Bill (No. 2415)) COMMUNICATIONS: C 2011 -249 Communication (08/18/2011) from the Chair of the Salary Commission, transmitting for Council consideration, Salary Commission Resolution No. 2011 -1, relating to the salaries of certain officers and employees of the County of Kauai, which was adopted by the Salary Commission at its August 5, 2011 meeting. • Salary Commission Resolution No. 2011 -1 C 2011 -250 Communication (08/05/2011) from the Director of Housing, requesting Council approval to decline the repurchase of Unit No. 304, Hookena at Puhi, located at 2080 Manawalea Street, #304, Lihu`e, Hawaii 96766, and to provide the owner with a one -year waiver of the resale restriction. C 2011 -251 Communication (08/08/2011) from the Chief of Police, requesting Council approval to expend asset forfeiture funds in the amount of $15,000.00 to purchase equipment and uniforms for the newly formed Fugitive Apprehension Strike Team or F.A.S.T. AMENDED Council Meeting Agenda 3 September 7, 2011 C 2011 -252 Communication (08/11/2011) from the First Deputy Prosecuting Attorney, requesting Council approval to expend approximately $36,000.00 of their County Funds to purchase a Mechanical Assist High Density Mobile Storage System to house the large number of case files they are required to keep while processing them. C 2011 -253 Communication (08/22/2011) from the First Deputy Prosecuting Attorney, requesting Council approval to expend approximately $10,000.00 of their Fiscal Year 2012 County Funds to purchase upgrades to their Lobby Security System. C 2011 -254 Communication (08/23/2011) from the Chair of the Charter Review Commission, requesting (1) comments from the Council regarding a proposal to amend Article XV of the Kauai County Charter, Relating to Establishing a Department of Human Resources, and (2) whether the Council endorses the transitioning of the existing Department of Personnel Services to a more comprehensive and fully functional Human Resources Department, as outlined in the proposed amendment. • Charter Amendment: Article XV of the Kauai County Charter Relating to Establishing a Department of Human Resources C 2011 -255 Communication (08/26/2011) from the County Engineer, transmitting for Council approval, the Revised Islandwide Road Resurfacing List for Fiscal Year 2011 -2012 (Attachment A). C 2011 -256 Communication (08/26/2011) from Councilmember Yukimura, requesting Council approval, to include in the 2012 Hawaii State Association of Counties Legislative Package, a proposal to amend Chapter 196, Hawaii Revised Statutes (HRS), relating to Energy Resources, which requires solar water heating for all new single- family and duplex construction. C 2001 -257 Communication (09/01/2011) from Councilmember Chang, requesting Council consideration of the following donations from various sources for the upcoming Board of Directors Meeting of the Western Interstate Region (WIR) of the National Association of Counties (NACo): • Smiths Boat — boat ride to the Fern Grotto for all WIR participants /guests ($1600 est. value) • Polynesian Adventure Tours — bus transportation for one day ($1600 est. value) • Roberts Tours — bus transportation for one day ($1300 est. value) • Kaua`i Museum — admission ($80 est. value) AMENDED Council Meeting Agenda 4 September 7, 2011 LEGAL DOCUMENT: C 2011 -258 Communication (08/24/2011) from Mona Clark, Deputy County Attorney, recommending approval of the following: • Grant of Easement by Kauai Habitat for Humanity conveying Easement W -1 and Easement W -2, Kauai Habitat for Humanity, `Ele`ele Iluna Phase 2 (Subdivision No. S- 2006 -49), situated in `Ele`ele, Koloa District, Kauai, Hawaii, Tax Map Key No. (4) 2 -1- 001:054, to the Board of Water Supply, County of Kauai, for waterline purposes. (Documents on file in the County Clerk's Office.) C 2011 -259 Communication (08/31/2011) from the Director of Housing, recommending approval of the following: • Amendment of Ground Lease with Paanau Village Partners LP (General Partner) (Lessee) for Lot 4 -B, Subdivision S- 2007 -20, TMK (4) 2- 6- 15 -20, Paanau Village Phase 2, which ensures that the financing of this project through tax credit investments is properly structured, thus allowing the completion of 50 new affordable rental units for low- income households earning under 80 percent of the Kauai median household income for a term of no less than 63.5 years. CLAIMS: C 2011 -260 Communication (08/15/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Farmers Insurance Hawaii, as subrogee for Domingo A. Acupan, for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2011 -261 Communication (08/15/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Linda Gonsalves for damage to property, pursuant to Section 23.06, Charter of the County of Kauai. C 2011 -262 Communication (08/23/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Chason Mano`i for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2011 -263 Communication (08/24/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Joe R. Licona for loss of his personal property, pursuant to Section 23.06, Charter of the County of Kauai. C 2011 -264 Communication (08/25/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Gavin Sakagawa for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. AMENDED Council Meeting Agenda 5 COMMITTEE REPORTS: FINANCE /PARKS & RECREATION/ PUBLIC WORKS PROGRAMS COMMITTEE REPORT: CR -FPP 2011 -06: on FPP 2011 -04 and September 7, 2011 Communication (6/30/2011) from Committee Chair Tim Bynum, requesting agenda time for Larry Dill, County Engineer, to discuss item C 2011 -75, relating to Kapaia Swinging Bridge and report the Consultant's recommendation and response as it relates to the feasibility and costs of stabilizing the Kapaia Swinging Bridge. FPP 2011 -05 Communication (7/14/2011) from Councilmember JoAnn Yukimura, requesting agenda time for Larry Dill, County Engineer, to report and discuss the stabilization of the Kapaia Swinging Bridge as it relates to the structural safety and cost associated with a temporary fix of the bridge. [Received for the record.] CR -FPP 2011 -07: on FPP 2011 -06 Communication (7/08/2011) from Committee Chair Tim Bynum, requesting agenda time for the Administration, to discuss the "Performance Audit of the Implementation of the Recommendations of the Cost Control Commission Concerning Energy Savings," and to provide an update on the recommendations submitted by the Cost Control Commission in 2009. [Received for the record.] CR -FPP 2011 -08: on Bill No. 2149, Draft 3 RESOLUTIONS: A BILL FOR AN ORDINANCE AMENDING SECTION 19 -2.1 AND ADDING A NEW ARTICLE TO CHAPTER 19 OF THE KAUAI COUNTY CODE 1987, RELATING TO CAMPING AT LYDGATE PARK [Approved as amended.] Resolution No. 2011 -68, RESOLUTION AMENDING RESOLUTION NO. 2009 -08, AS AMENDED BY RESOLUTION NO. 2010 -93 TO REPLACE AND CONFIRM THE APPOINTMENT OF A MAYORAL APPOINTEE TO THE COST CONTROL COMMISSION (Arryl Kaneshiro) Resolution No. 2011 -69, RESOLUTION REPEALING RESOLUTION NO. 54 -91, SECTION XIII, ITEM 31 RELATING TO THE TWENTY -FIVE (25) MILES PER HOUR SPEED LIMIT ON NIHO ROAD, AND ESTABLISHING A NEW MAXIMUM SPEED LIMIT OF FIFTEEN ,(15) MILES PER HOUR ALONG THE ENTIRE LENGTH OF NIHO ROAD, KOLOA DISTRICT, COUNTY OF KAUAI, STATE OF HAWAII AMENDED Council Meeting Agenda 6 September 7, 2011 BILLS FOR FIRST READING: Proposed Draft 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 Proposed Draft 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 Proposed Draft 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) Proposed Draft Bill (No. 2415) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO EXEMPTIONS FOR COMMERCIAL ALTERNATIVE ENERGY FACILITIES BILL FOR SECOND READING: Bill No. 2149, Draft 4 — A BILL FOR AN ORDINANCE AMENDING SECTION 19 -2.1 AND ADDING A NEW ARTICLE TO CHAPTER 19 OF THE KAUAI COUNTY CODE 1987, RELATING TO CAMPING AT LYDGATE PARK (See CR -FPP 2011 -08, Finance/Parks & Recreation/Public Works Program Committee recommended approval of Bill No. 2149, Draft 3 as amended to Bill No. 2149, Draft 4 on August 24, 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.) AMENDED Council Meeting Agenda 7 September 7, 2011 ES -495 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 -496 Pursuant to Hawaii Revised Statutes Sections 92 -4, 92- 5(a)(4), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an executive session to consult with the Council regarding the Council's release of the County Attorney's written legal opinion dated May 20, 2008 addressed to the Council, regarding the Request of Legal Advice for Proposed Bill to Require Installation of Solar Water Heater, and related matters. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ES -497 Pursuant to Hawaii Revised Statutes Sections 92 -4, 92- 5(a)(4), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an executive session to consult with Council regarding the Council's release of the County Attorney's written legal opinion dated June 24, 2011 addressed to the Council, regarding a Claim filed by L. Steven Niau, and related matters. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ES -498 Pursuant to Hawaii Revised Statutes Sections 92 -4, 92- 5(a)(4) and (8), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an executive session to provide Council with a briefing regarding legal issues related to the implementation of Kauai County Charter Section 3.19 and Bill No. 2410. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ES -499 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 hire, evaluation, dismissal, or discipline 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. ADJOURNMENT. AMENDED Council Meeting Agenda 8 September 7, 2011 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. 2411 - A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. B- 2011 -732, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF AAUA`I, 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 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.