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Home My WebLink About03-14-2012 Council Meeting Agenda (IL)COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, MARCH 14, 2012 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Suite 201 Lihu`e, Kauai, Hawaii 96766 A. MEETING CALLED TO ORDER. B. ROLL CALL. C. APPROVAL OF AGENDA. D. MINUTES of the following meetings of the Council: 1. Council Goal Setting Workshop of January 24, 2012 (Deferred 0212912012) 2. Council Meeting of January 25, 2012 3. Public Hearing of February 15, 2012 re: Bills Nos. 2424, 2425, 2426, 2427, and 2428. E. CONSENT CALENDAR: 1. C 2012 -69 Communication (02/13/2012) from the County Engineer, transmitting for Council consideration, a traffic resolution establishing a no- parking zone along a portion of the County access road in the vicinity of Vidinha Stadium soccer fields, Lihu`e District. (See Resolution No. 2012 -26) F. COMMUNICATIONS: 1. C 2012 -63 Communication (02/16/2012) from Councilmember Rapozo, requesting the Administration's presence to provide the Council with: • An annual (2011 calendar year) synopsis of construction activity in the County of Kauai as reflected in the building permit information that is normally provided to the Council on a monthly basis. •A projection of construction activity in the County of Kauai for the 2012 calendar year. (Deferred 0212912012 to the March 14, 2012 Council Meeting) Council Meeting Agenda -2- March 14, 2012 2. C 2012 -70 Communication (02/15/2012) from Bev Brody, Island Coordinator, Get Fit Kauai, transmitting for Council information, an update on the County's Complete Streets Policy adopted via Resolution 2010 -48. 3. C 2012 -71 Communication (02/22/2012) from the Housing Director, transmitting for Council consideration, a resolution authorizing the filing of the Kauai County 2012 Action Plan with the United States Department of Housing and Urban Development and Appropriation of Funds for the HOME Investment Partnership program. (See Resolution No. 2012 -27) 4. C 2012 -72 Communication (02/22/2012) from the Housing Director, transmitting for Council consideration, a resolution authorizing the filing of the Kauai County 2012 Action Plan with the United States Department of Housing and Urban Development and Appropriation of Funds for the Community Development Block Grant Program. (See Resolution No. 2012 -28) 5. C 2012 -73 Communication (02/29/2012) from Vice Chair Yukimura and Councilmember Kuali`i, transmitting for Council consideration, a resolution calling for a just and equitable solution at K61oa Camp and for withdrawal of eviction notices by Grove Farm Company to allow for exploring of alternatives. (See Resolution No. 2012 -29) 6. C 2012 -74 Communication (03/01/2012) from the Chairperson, Salary Commission, transmitting the Salary Commission's Resolution No. 2012 -1, Resolution Amending Resolution No. 2011 -1 Relating To The Salaries Of Certain Officers And Employees Of The County of Kauai. 7. C 2012 -75 Communication (02/14/2012) from the Planning Director, requesting Council approval to apply for, receive, indemnify and expend Certified Local Government (CLG) Grant Funds in the amount of up to $60,000.00 through the State of Hawaii, Department of Land and Natural Resources, State Historic Preservation Division, to work with the County of Kauai Historic Preservation Review Commission in updating the Historic Resource Inventory. 8. C 2012 -76 Communication (02/23/2012) from the Prosecuting Attorney, requesting Council approval to expend Office of Prosecuting Attorney (OPA) Regular Salary Funds to hire a Law Office Assistant. Council Meeting Agenda -3- March 14, 2012 9. C 2012 -77 Communication (03/08/2012) from Vice Chair Yukimura, requesting agenda time to recap and approve the goals that the Council identified as top priority items at the January 24, 2012 Council Goal Setting Workshop. 10. C 2012 -67 Request (02/23/2012) from the Office of the County Attorney for authorization to expend funds up to $50,000.00 to retain special counsel to provide legal counsel for the County regarding development of the landfill and related matters. (Deferred 0212912012 to the March 14, 2012 Council Meeting) 11. C 2012 -78 Request (03/02/2012) from the Office of the County Attorney, for authorization to expend funds up to $10,000.00 to retain special counsel for a limited purpose regarding the claim against County by Shane N. Matias, filed on June 2, 2010 and related matters. 12. C 2012 -79 Request (03/05/2012) from the Office of the County Attorney, for authorization to expend funds up to $10,000.00 to retain special counsel to represent the Police Commission in obtaining a legal opinion as to Charter Sections 7.05A and 11.04 and related matters. G. LEGAL DOCUMENT: 1. C 2012 -54 Request from the Office of the County Attorney for approval of the Grant of Pedestrian Access Easement and Cancellation of Portion of Easement 16, made by and between Kauai Lagoons LLC, a Hawaii limited liability company, and Mori Golf (Kaua`i), LLC, a Delaware limited liability company, and the County of Kauai, concerning property identified and being further described as Tax Map Key Nos. (4) 3 -5- 01:27, 172, 173, and 174. Grant of Pedestrian Access Easement and Cancellation of Portion of Easement 16 (Deferred 0212912012) H. CLAIM: 1. C 2012 -80 Communication (03/01/2012) from the County Clerk, transmitting a claim filed against the County of Kauai by Reid Judson, for damage to his vehicle, pursuant to Section 23.06 Charter of the County of Kauai. Council Meeting Agenda -4- March 14, 2012 I. COMMITTEE REPORT: 1. FINANCE / PARKS & RECREATION / PUBLIC WORKS PROGRAMS COMMITTEE REPORT: a. CR -FPP 2012 -01: on FPP 2012 -01 Communication (02/02/2012) from Committee Chair Bynum, requesting the Administration's presence to provide an overview and status update on the current FY '11 -'12 Capital Improvements Projects (CIP). [Received for the record.] (Deferred 0212912012) 2. PLANNING COMMITTEE REPORT: a. CR -PL 2012 -01: on Bill No. 2424 A BILL FOR AN ORDINANCE TO ALLOW SOLAR ENERGY FACILITIES IN THE AGRICULTURE DISTRICT [Approved as Amended.] J. RESOLUTIONS: 1. Resolution No. 2012 -18, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CHARTER REVIEW COMMISSION (James E. Nishida, Jr.)(Deferred 211512012 pending interview) 2. Resolution No. 2012 -26, RESOLUTION ESTABLISHING NO- PARKING AT ANY TIME ALONG A PORTION OF THE COUNTY ACCESS ROAD IN THE VICINITY OF VIDINHA STADIUM SOCCER FIELDS, L1HU`E DISTRICT, COUNTY OF KAUAI 3. Resolution No. 2012 -27, RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2012 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 4. Resolution No. 2012 -28, RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2012 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 Council Meeting Agenda -5- March 14, 2012 5. Resolution No. 2012 -29, RESOLUTION CALLING FOR A JUST AND EQUITABLE SOLUTION AT KOLOA CAMP AND REQUESTING WITHDRAWAL OF EVICTION NOTICES BY GROVE FARM COMPANY TO ALLOW FOR EXPLORING OF ALTERNATIVES K. BILLS FOR SECOND READING: 1. Bill No. 2424, Draft 1 - A BILL FOR AN ORDINANCE TO ALLOW SOLAR ENERGY FACILITIES IN THE AGRICULTURE DISTRICT (See CR -PL 2012 -01, Planning Committee recommended approval on March 7, 2012) L. EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. CH.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 Clerks Office. Discussions held in Executive Session are closed to the public.) 1. ES -530 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 on the retention of special counsel for a limited purpose regarding the claim against the County by Shane N. Matias, filed on June 2, 2010 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. 2. ES -531 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 on the retention of special counsel to represent the Police Commission in obtaining a legal opinion as to charter Sections 7.05A and 11.04 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. 3. ES -532 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, on behalf of the Council, requests an executive session for Council to consult with the County Attorney regarding the Council's release of the County Attorney's written legal opinion dated February 16, 2012, regarding Bill No. 2427 Relating to Bus Fares 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. Council Meeting Agenda -6- March 14, 2012 4. ES -533 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 on the retention of special counsel to provide legal counsel for the County regarding development of the landfill 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. M. ADJOURNMENT. N. 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. [ *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.] For a copy of the notice, Please go to: http: / /www.kauai.gov/ Government /County Council/ CouncilA-aendasandPubHcHearinallotices Itabid /73/Default.aspx 1. Bill No. 2422 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 81 KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE 2. Bill No. 2429 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 26, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO SPECIAL IMPROVEMENT FINANCING BY COMMUNITY FACILITIES DISTRICTS 3. Bill No. 2430 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX O. 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. FACSIMILE NO. 241 -6349.