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HomeMy WebLinkAbout03-28-2012 Council Meeting Agenda _dsCOUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, MARCH 28, 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. D. MINUTES of the following meetings of the Council: 1. Council Meeting of February 15, 2012 2. Special Council Meeting of March 7, 2012 3. Public Hearing of March 14, 2012 re: Bills Nos. 2422, 2429 and 2430 E. CONSENT CALENDAR: 1. C 2012- 82 Communication (03/07/2012) from the Planning Director, transmitting for Council consideration, the Planning Commission's recommendation to amend Chapter 8, Comprehensive Zoning Ordinance, of the Kauai County Code 1987, as amended, in its entirety and to adopt a new Chapter 8. (Copies of Planning Department's Staff report, public comments, the Planning Department's CZO update Phase 1 discussion Draft 1 dated February 28, 2012, and Public hearing transcripts are on file in the County Clerk's Office.) (See Proposed Draft Bill (No. 2433)). 2. C 2012- 83 Communication (03/08/2012) from the Mayor, transmitting for Council consideration and confirmation, the following Mayoral appointees to various Boards and Commissions for the County of Kauai: • Board of Review Cayetano Gerardo — term ending 12/31/2014 (See Resolution No. 2012 -31) • Salary Commission Randy Finlay — term ending 12/31/2014 (See Resolution No. 2012 -32) 2 Council Meeting Agenda March 28, 2012 3. C 2012 -84 Communication (03/15/2012) from the Council Chair, transmitting for Council consideration, the reappointment of Council appointee Patricia W. Sheehan to the Kauai Historic Preservation Review Commission (Architecture — term ending 12/31/2014). (See Resolution No. 2012 -33) 4. C 2012 -85 Communication (03/15/2012) from the Mayor, transmitting his Fiscal Year (FY) 2012 -2013 Budget Message, along with his proposed Operating Budget and Capital Improvements Projects (CIP) Budget. (Detailed Line Item Budget on file in the County Clerk's Office.) (See Proposed Draft Bill No. 2431 and Proposed Draft Bill No. 2432, including the proposed FY 2012 -2013 Real Property Tax Rates Resolution No. 2012 -30) F. COMMUNICATIONS: 1. C 2012 -86 Communication (03/02/2012) from the Council Chair, requesting the presence of Mr. Ron Shiigi N &K CPAs, Inc., to participate in a follow -up discussion relating to the Comprehensive Annual Financial Review (CAFR) for the fiscal year ending June 30, 2011. 2. 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 0311412012) 3. C 2012 -87 Communication (03/08/2012) from the Director of Personnel Services, transmitting for Council information, the quarterly reports (September 30, 2011 — December 31, 2011) relative to vacancies, new hires, transfers, reallocations, and promotions, pursuant to Section 19 of Ordinance No. B- 2011 -732. (Report on file in the County Clerk's Office.) 3 Council Meeting Agenda March 28, 2012 4. C 2012 -88 Communication (02/23/2012) from the Housing Director, requesting Council approval to apply for, receive, expend, and indemnify $133,000.00 in grant money for two (2) Housing Choice Voucher Family Self- Sufficiency Program Coordinator salaries from the U. S. Department of Housing and Urban Development. 5. C 2012 -89 Communication (02/29/2012) from the Executive on Aging, requesting Council approval to receive and expend grant funds from the National Senior Corps Association in the amount of $1,842.00 to be used for the 2012 Medicare Diabetes Screening Project for adults 65 years and older to increase awareness of the benefits for diabetes screening. 6. C 2012 -90 Communication (03/01/2012) from the Council Chair, requesting the presence of the County Engineer and the Chief of Buildings to provide an update on the repairs and maintenance of the Kilauea Gym as it relates to the leaking roof, floor damage, and corrective action that has been done to address the roof and floor. 7. C 2012 -91 Communication (03/01/2012) from the Prosecuting Attorney, requesting Council approval to apply and receive Technical Assistance from the Bureau of Justice Assistance and the Vera Institute of Justice's national Cost - Benefit Knowledge Bank for Criminal Justice, which will allow the OPA to find innovative programs and develop procedures to ensure that the community is served in the most cost efficient manner and in the best way possible. 8. C 2012 -92 Communication (03/01/2012) from the Chief of Police, requesting Council approval to accept and expend funding through the S.T.O.P. Violence Against Women Grant in the amount of $63,903.00 for Sexual Assault Nurse Examiner (SANE) exams and DNA analysis, and to indemnify the State of Hawaii, Attorney General's Office. 9. C 2012 -93 Communication (03/01/2012) from the Chief of Police, requesting Council approval to accept and expend funding through the S.T.O.P. Violence Against Women Grant in the amount of $48,052.00. for Sexual Assault Nurse Examiner (SANE) recruitment, retention (including stand -by pay) and training 4 Council Meeting Agenda March 28, 2012 program, and approval to indemnify the State of Hawaii, Attorney General's Office. 10. C 2012 -94 Communication (03/09/2012) from the Housing Director, requesting Council approval to decline the County's option to repurchase Unit No. 59, Villas at Puali, located at 1974 Haleukana Street, Lihu`e, Hawaii 96766, and to grant the owner a one -year waiver of the buyback restriction to allow a market sale by the owner for a period of one year. 11. C 2012 -95 Communication (03/09/2012) from Councilmember Yukimura, requesting agenda time to discuss and approve the public release of the following: • January 17, 2012 County Attorney opinion regarding Delegation of Fee Setting for Wailua Golf Course, • February 16, 2012 County Attorney opinion regarding Bill No. 2427, relating to Bus Fares. 12. C 2012 -96 Communication (03/13/2012) from the Anti -Drug Coordinator, requesting Council approval to apply for, receive, and expend funds from the State of Hawaii Department of Human Services, Office of Youth Services Title V Incentive Grant in the amount of $128,198.00, which will be used for a mentoring /advocacy program to prevent youth at risk of becoming delinquent and from entering the juvenile justice system. 13.0 2012 -97 Communication (03/16/2012) from Councilmember Kuali`i, requesting Council approval of the following Councilmembers to represent the Kauai County Council to the respective organizations stated below for the fiscal year 2012 -2013: • Hawai`i State Association of Counties (HSAC) • Mel Rapozo — Representative • Jay Furfaro — Alternate • National Association of Counties Board (NACo) • KipuKai Kuali`i — Representative • Dickie Chang — Alternate • Western Interstate Region Board (WIR) • Tim Bynum — Representative • Dickie Chang — Alternate 5 Council Meeting Agenda March 28, 2012 14. C 2012 -98 Request (03/13/2012) from the Police Commission for authorization to expend funds up to $10,000.00 to retain special counsel to represent the Police Commission in filing a complaint with the Fifth Circuit Court and asking for a declaratory judgment as to who has the authority to supervise and /or discipline the Chief of Police. 15. C 2012 -99 Communication (03/21/2012) from Councilmember Kuali`i, transmitting for Council consideration a Resolution Supporting the Hawaii State Association of Counties' Proposal of Establishing a Position for a Hawaii State Association of Counties State Director. (See Resolution No. 2012 -34) G. CLAIMS: 1. C 2012 -100 Communication (03/13/2012) from Deputy County Clerk Jade K. Fountain - Tanigawa, transmitting a claim filed against the County of Kauai, by David Yukimura, for damage to his vehicle, pursuant to Section 23.06 Charter of the County of Kauai. H. COMMITTEE REPORTS 1. PLANNING COMMITTEE REPORTS: a. CR -PL 2012 -02: on Bill No. 2422 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE [Approved.] b. CR -PL 2012 -03: on Bill No. 2423 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 6, ARTICLE 14, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND [Approved as amended.] 6 Council Meeting Agenda March 28, 2012 2. FINANCE / PARKS & RECREATION / PUBLIC WORKS PROGRAMS COMMITTEE REPORTS: a. CR -FPP 2012 -03: on FPP 2012 -02 Communication (03/01/2012) from Committee Chair Bynum, requesting the Administration's presence to provide the Committee with an update on the Parks & Recreation's Parks Master Plan. [Received for the record.] b. CR -FPP 2012 -04: on Bill No. 2425 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 5A OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO HOME EXEMPTIONS [Approved as amended.] 3. COMMITTEE OF THE WHOLE REPORTS: a. CR -COW 2012 -06: on 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 [Approved.] b. CR -COW 2012 -07: on Bill No. 2430 A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX [Approved.] I. RESOLUTIONS: 1. 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, LIHU`E DISTRICT, COUNTY OF KAUAI (Deferred 0311412012) 2. Resolution No. 2012 -30, RESOLUTION ESTABLISHING THE REAL PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 FOR THE COUNTY OF KAUAI 3. Resolution No. 2012 -31, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE BOARD OF REVIEW (Cayetano Gerardo) 4. Resolution No. 2012 -32, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE SALARY COMMISSION (Randy Finlay) 7 Council Meeting Agenda March 28, 2012 5. Resolution No. 2012 -33, RESOLUTION CONFIRMING COUNCIL REAPPOINTMENT TO THE KAUAI HISTORIC PRESERVATION REVIEW COMMISSION (Architecture) (Patricia W. Sheehan) 6. Resolution No. 2012 -34, RESOLUTION SUPPORTING THE HAWAII STATE ASSOCIATION OF COUNTIES' PROPOSAL OF ESTABLISHING A POSITION FOR THE HAWAII STATE ASSOCIATION OF COUNTIES STATE DIRECTOR J. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2431) — A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 2. Proposed Draft Bill (No. 2432) — A BILL FOR AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 3. Proposed Draft Bill (No. 2433) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE, 1987, AS AMENDED, RELATING TO AMENDING THE COMPREHENSIVE ZONING ORDINANCE IN ITS ENTIRETY (Copy on file in the County Clerk's Office.) 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 (Deferred 0311412012) 2. Bill No. 2422 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (See CR -PL 2012 -02, Planning Committee recommended approval on March 21, 2012) 3. Bill No. 2423, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 6, ARTICLE 14, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND (See CR -PL 2012 -03, Planning Committee recommended approval as amended to Draft 1 on March 21, 2012) 8 Council Meeting Agenda March 28, 2012 4. Bill No. 2425, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 5A OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO HOME EXEMPTIONS (See CR -FPP 2012 -04, Finance/Parks & Recreation/Public Works Programs Committee recommended approval as amended to Draft 1 on March 21, 2012) 5. 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 (See CR -COW 2012 -06, Committee of the Whole recommended approval on March 21, 2012) 6. Bill No. 2430 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX (See CR -COW 2012 -07, Committee of the Whole recommended approval on March 21, 2012) L. ADJOURNMENT. M. 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 Clerk's Office. Discussions held in Executive Session are closed to the public.) 1. ES -534 Pursuant to HRS sections 92 -4, 92- 5(a)(4), and section 3.07(e) of the Kaua'i County Charter, the Office of the County Attorney, at the request of Council, requests an executive session with the Council to provide the Council with a briefing on the retention of special counsel to represent the Office of the Prosecuting Attorney before the Civil Service Commission, relating to the classification of an employee 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. 9 Council Meeting Agenda March 28, 2012 2. ES -535 Pursuant to HRS sections 92 -4, 92- 5(a)(4), and section 3.07(e) of the Kauai County Charter, the Council requests an executive session with the County Attorney to provide the Council with a briefing on the retention of special counsel to represent the Police Commission in filing a declaratory action to determine who has the authority to supervise and /or discipline the Chief of Police. 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 -536 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 January 24, 2012, relating to transient vacation rentals with homeowner's exemption 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. N. ADJOURNMENT. O. 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.govI Government/ CountyCouncil/ CouncilAgendasandPublicHearinQNotices ltabidl73IDefault.as 1. Resolution No. 2012 -22, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO DEFINITIONS OF "SHALL," `MUST, "AND `MAY" 2. Resolution No. 2012 -23, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO THE ESTABLISHMENT OF THE OFFICE OF THE COUNCIL ATTORNEY P. 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.