HomeMy WebLinkAbout04-06-2011 Council Agenda (ds)COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, APRIL 6, 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:
Council Meeting of February 23, 2011
Council Meeting of March 9, 2011
COMMUNICATIONS:
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. (Deferred 0312312011)
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
0312312011)
C 2011 -96 Communication (03/15/2011) from Theresita Kinnaman, Chairperson,
Kauai Open Space Commission, transmitting for Council information
the Commission's 2010 Report to the County in conformance with the
requirements of Ordinance No. 812. (copy of report on file in the County
Clerk's Office)
Council Meeting Agenda 2 April 6, 2011
C 2011 -97 Communication (03/16/2011) from Councilmember Nakamura,
providing written disclosure on the record of a possible conflict of
interest and recusal on Resolution No. 2011 -42 (filing of an annual
action plan for the CDBG allocation), because she is a Board Member
of the Hawaii Community Reinvestment Corporation, which is
designated to receive CDBG funding.
C 2011 -98 Communication (03/17/2011) from the Director of the Office of
Economic Development, transmitting for Council consideration a
$150,000.00 appropriation from the surplus and appropriations
estimated in the General Fund for the upcoming 2011 Kauai
Marathon, which will be used for marketing, advertising,
entertainment, medical services, aid station supplies, traffic control
and security. (See Proposed Draft Bill. (No. 2404))
C 2011 -99 Communication (03/18/2011) from the Fire Chief, transmitting for
Council consideration a $260,538.00 appropriation from the surplus
and appropriations estimated in the General Fund to purchase three
(3) prime movers (Rescue trucks) to replace the aging, unsafe and out
of service vehicles at the K61oa, Lihu`e, and Hanalei Fire Stations. (See
Proposed Draft Bill. (No. 2405))
C 2011 -100 Communication (03/18/2011) from the Mayor, transmitting for Council
consideration and confirmation the following Mayoral appointees to
the Police Commission for the County of Kauai: (copies of applications
on file in the Clerk's Office) (See Resolution No. 2011 -46 & Resolution
No. 2011 -47)
(1) Bradley Chiba — partial term ending 12/31/2012
(2) Randall Francisco — 1St term ending 12/31/2013
C 2011 -101 Communication (03/01/2011) from the Director of Housing, requesting
Council approval to decline its repurchase right to buy back property
identified as Unit 49 Villas at Puali, located in Puhi at 4042 Puali
Place, Lihu`e, Hawaii 96766, and that the Housing Agency issue the
owners a one -year waiver of the County's repurchase right effective the
date of the Council's decision, thus permitting the owners to sell the
unit on the open market for a period of one year.
Council Meeting Agenda 3 April 6, 2011
C2011-102 Communication (03/30/2011) from the Council Vice Chair, transmitting
for Council consideration a Resolution urging Congress and the
Administration to continue full funding of the Community
Development Block Grant Program (CDBG).
C 2011 -103 Communication (03/31/2011) from Council Chair Furfaro, transmitting
for Council consideration a proposed 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.
LEGAL DOCUMENTS:
C 2011 -104 Communication (03/16/2011) from the Executive on Transportation,
recommending Council approval of a right -of -entry agreement to allow
The Kauai Bus to pick up and drop off passengers on the premises of
TMK (4) 5 -2- 017:028.
• Right -of -Entry Agreement by and between Anaina Hou Land,
LLC, (Grantor) and County of Kauai (Grantee) for a right to use
a portion of its property situated at 5 -2723 Kuhi`o Highway,
Kilauea, Kauai, Hawaii 96754 identified as a portion of tax map
key number (4) 5 -2- 017:028 subject to terms and conditions.
• Indemnification of Anaina Hou Land, LLC.
C 2011 -105 Communication (03/16/2011) from the County Engineer,
recommending Council approval of a right -of -entry agreement for the
purpose of removing soil and other materials from certain areas on
TMK (4) 1 -9- 03:005 to create a path for storm water in the event of a
flood, in the interest of public health and safety.
• Right -of -Entry Agreement by and between McBryde Sugar
Company, Limited (Grantor) and County of Kauai (Grantee) for
a right to use certain properties situate, lying and being at
Hanapepe, County of Kauai, affecting tax map key number (4)
1 -9 -03 -005 subject to terms and conditions.
• Indemnification of McBride Sugar Company, Limited.
C 2011 -106 Communication (03/18/2011) from the Director of Parks and
Recreation, recommending Council approval to secure shared -use path
property and required utility easement at the Katsura's property for
the Lydgate- Kapa`a Bike and Pedestrian Path Phase B project:
• Purchase Agreement between the County of Kauai and the
Katsura Trusts ($22,500.00)
• Easement for Bike Path
• Easement for Utilities
• Consent for Assignment of Utility Easement to KIUC
Council Meeting Agenda 4 April 6, 2011
CLAIMS:
C 2011 -107 Communication (04/04/2011) from the County Clerk, transmitting a
claim filed against the County of Kauai by Michelle Blake for damage
to her vehicle, pursuant to Section 23.06, Charter of the County of
Kauai.
C 2011 -108 Communication (04/04/2011) from the County Clerk, transmitting a
claim filed against the County of Kauai by Robert R. Valencia for
damage to his personal property, pursuant to Section 23.06, Charter of
the County of Kauai.
C 2011 -109 Communication (04/23/2011) from the County Clerk, transmitting a
claim filed against the County of Kauai by Barbara L. Bradish for
medical bills and loss of income, pursuant to Section 23.06, Charter of
the County of Kauai.
COMMITTEE REPORTS:
COMMITTEE OF THE WHOLE REPORT:
CR -COW 2011 -11: on COW 2011 -03 Communication (3/7/2011) from the Rules
Sub - Committee, transmitting their Report
and Proposed revisions to the Rules of the
Council of the County of Kauai.
[Received for the record.]
(Deferred 0312312011)
PLANNING COMMITTEE:
CR -PL 2011 -01 on 2011 -01 Communication (3/23/2011) from Councilmember
Nakamura, requesting the presence of Dr.
Karl Kim, County's Important Agricultural Land
Study Consultant to provide the Committee with a
status report on the County of Kaua`i's Important
Agricultural Land Study.
[This item was received for the record.]
CR -PL 2011 -02 on Bill No. 2376
A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8, KAUAI COUNTY CODE 1987,
AS AMENDED, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE
(Shoreline Setback)
[This item was received for the record.]
Council Meeting Agenda 5 April 6, 2011
ECONOMIC DEVELOPMENT & RENEWABLE ENERGY STRATEGIES
COMMITTEE:
EDR- 2011 -02 on 2011 -03 Communication (3/10/2011) from Councilmember
Bynum, requesting the Administration's
presence at the March 16, 2011 Committee
Meeting to discuss the rules, issues and
operations of the Sunshine Markets.
[This item was received for the record.]
PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE
CR -PSE 2011 -04 on Bill No. 2400
CR -PSE 2011 -05 on 2011 -05
RESOLUTIONS:
A BILL FOR AN ORDINANCE AMENDING
ARTICLE 19, CHAPTER 22, KAUAI
COUNTY CODE 1987, AS AMENDED,
RELATING TO PLASTIC BAG
REDUCTION
[This item was referred to the Council.]
Communication (3/23/2011) from Council Chair
Furfaro, requesting agenda time during the Public
Safety & Environmental Services Committee
Meeting to discuss the status of non - operational
Civil Defense sirens.
[This item was received for the record]
Resolution No. 2011 -41, RESOLUTION AUTHORIZING THE FILING OF
THE KAUAI COUNTY 2011 ACTION PLAN (HOME INVESTMENT
PARTNERSHIPS PROGRAM) WITH THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT
UNDER TITLE II OF THE CRANSTON - GONZALEZ NATIONAL AFFORDABLE
HOUSING ACT (PUBLIC LAW 101 -625), AS AMENDED (Deferred
0310912011)
Resolution No. 2011 -42, RESOLUTION AUTHORIZING THE FILING OF
THE KAUAI COUNTY 2011 ACTION PLAN (COMMUNITY DEVELOPMENT
BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER
TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
AND 1987 (PUBLIC LAWS 93 -383 AND 100 -242), AS AMENDED (Deferred
0310912011)
Council Meeting Agenda 6 April 6, 2011
Resolution No. 2011 -46, RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE POLICE COMMISSION (Bradley Chiba)
Resolution No. 2011 -47, RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE POLICE COMMISSION (Randall Francisco)
Resolution No. 2011 -48, RESOLUTION URGING CONGRESS AND THE
ADMINISTRATION TO CONTINUE FULL FUNDING OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
BILLS FOR FIRST READING:
Proposed Draft 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 HAWAPI, 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)
Proposed Draft 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)
Proposed Draft 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
BILLS FOR SECOND READING:
Bill No. 2376 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8,
KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE (Shoreline Setback ordinance
amendment) (The Planning Committee recommended that the bill be received for the
record; see CR -PL 2011 -02)
Bill No. 2400 — A BILL FOR AN ORDINANCE AMENDING ARTICLE 19,
CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
PLASTIC BAG REDUCTION (PSE Committee recommended that the bill be
referred to the full Council; see CR -PSE 2011 -04)
Council Meeting Agenda 7 April 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 -480 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 regarding matters relating to Kapaia
Swinging Bridge. 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.
ES -481 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 regarding matters relating to the
State of Hawai`i's Office of Civil Defense. 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.
ES -482 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 regarding matters relating to Bill
No. 2395, A Bill for an Ordinance to Amend Chapter 3, of the Kauai
County Code 1987, as Amended, Relating to the Salaries of County
Officers and Employees. 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, L1HU`E, KAUAI. TELEPHONE NO. 241 -4188.