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Home My WebLink About04-25-2012 Council Meeting Agenda (il)COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, APRIL 25, 2012 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Suite 201 Li -hu`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. Special Council Meeting of March 21, 2012 E. CONSENT CALENDAR: 1. C2012 -119 Communication (04/13/2012) from the Director of Finance, transmitting for Council consideration, a resolution authorizing the issuance of general obligation refunding bonds to refund all or a portion of the County's outstanding General Obligation Bonds, Series 2005A. (See Resolution No. 2012 -35) 2. C 2012 -120 Communication (04/13/2012) from Councilmember Chang, providing written disclosure on the record of a possible conflict of interest relating to an update on the 2012 Kauai Marathon due to his position as the owner of Walaau Productions, which tapes and airs footage of the Kauai Marathon. 3. C 2012 -121 Communication (04/12/2012) from Councilmember Kuali`i, and Councilmember Rapozo, transmitting for Council consideration, a resolution encouraging adoption on anti - bulling policies and regulations in schools. (See Resolution No. 2012 -37) F. COMMUNICATIONS: 1. 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. (Referred by the Committee of the Whole on 0410412012 to the 0412512012 Council Meeting; see CR -COW 2012 -08) Council Meeting Agenda -2- April 25, 2012 2. C 2012 -122 Communication (04/03/2012) from the Fire Chief, requesting Council approval to accept a donation of a watertender vehicle, valued at $150,000.00, from the Honolulu Fire Department to be located at the Koloa Fire Station and used for wildland fires, with shipping costs of approximately $1,500.00 to be paid through the volunteer Fire Assistance Grant. 3. C 2012 -123 Communication (04/03/2012) from the Fire Chief, requesting Council approval to accept the loan of a watertender vehicle, valued at $100,000.00 from the State of Hawaii, Department of Forestry and Wildlife to be centrally located at the Lihu`e Fire Station and used for wildland fires island wide, with shipping costs from Oakland, California, of approximately $7,500.00, and responsibility for maintenance and repair of the vehicle. 4. C 2012 -124 Communication (04/03/2012) from the Executive on Aging, requesting Council approval to receive and expend funds from the Hawaii State Department of Health Diabetes Prevention and Control Program in the amount of $915.00 to be applied towards lay leader training or cross - training of the Stanford University's Diabetes Self Management Program (DSMP), or to have lay leaders from Kauai trained in the DSMP on another island. 5. C 2012 -125 Communication (04/12/2012) from Joseph Figaroa, Chair, Public Access, Open Space, and Natural Resources Preservation Fund Commission, transmitting for Council information, their 2011 Report to the County dated February 9, 2011, including recommendations for priority projects to be considered for funding. 6. C 2012 -126 Communication (04/13/2012) from the Chief of Police, requesting Council approval to use asset forfeiture funds in the amount of $5,100.00 to purchase an upgraded cellular softwareilicense, hardware, and one year of automatic upgrades to be used in conjunction with the current UEFD Cellebrite uploading device. 7. C 2012 -127 Communication (04/13/2012) from the Chief of Police, requesting Council approval for the transfer of County Self - Insurance Funds in the amount of $17,834.00 to the Kauai Police Department Investigative Services Bureau (ISB)/Vice Narcotics Section for the purchase of a replacement vehicle. 8. C 2012 -128 Communication (04/13/2012) from the Director of Finance, transmitting for Council information the Period 8 Financial Reports for the Fiscal Year 2012. Council Meeting Agenda -3- April 25, 2012 9. C 2012 -129 Communication (04/13/2012) from the Mayor, transmitting for Council consideration and confirmation, the Mayoral appointment of Michael Y. Nagano to the Fire Commission, County of Kauai, Michael Nagano — for a term ending 12/31/2014. (See Resolution No. 2012 -36) 10. C 2012 -130 Communication (04/13/2012) from the Fire Chief, requesting Council approval to accept the donation of two (2) jet skis valued at $13,723.97 each including shipping, and two (2) jet ski trailers valued at $1,664.58 each, including shipping, from the Kauai Lifeguard Association. G. LEGAL DOCUMENT: 1. C 2012 -131 Request from the Office of the County Attorney for approval of the following for Po`ipu Inn — Wastewater Pump Station and Sewage Collection System: 1) Pump Stations' Operation and Maintenance Agreement between Po`ipu Inn, Inc. and the County of Kauai; and 2) Wastewater Services — Conditional "Will Serve" Commitment (TMK No.: (4) 2 -8- 17:01) letter dated April 2, 2012 from HOH Utilities, LLC. 2. C 2012 -132 Communication (04/04/2012) from the Chief of Police, requesting Council approval to enter into a rental agreement with the Hawaii Health Systems Corporation for use of 1.567 acres of land located at 4800 Kawaihau Road, Kapa`a, to be used for the new Kawaihau Police Substation, for $1.00 a year for 50 years, including indemnification of Hawaii Health Systems Corporation. • Hawai`i Health Systems Corporation License 12 -0171 H. CLAIM: 1. C 2012 -133 Communication (04/03/2012) from the County Clerk, transmitting a claim filed against the County of Kauai by Gregory Ted Preston for personal injury, pursuant to Section 23.06, Charter of the County of Kauai. 2. C 2012 -134 Communication (04/03/2012) from the County Clerk, transmitting a claim filed against the County of Kauai by EAN Holdings, LLC, for damage to their vehicle, pursuant to Section 23.06, Charter of the County of Kauai. 3. C 2012 -135 Communication (04/03/2012) from the County Clerk, transmitting a claim filed against the County of Kauai by Geico, as subrogee for Katherine & Steven Young for damage to their vehicle, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda -4- April 25, 2012 4. C 2012 -136 Communication (04/05/2012) from the County Clerk, transmitting a claim filed against the County of Kauai by Pierre A. Plotkins for damage to his personal property, pursuant to Section 23.06, Charter of the County of Kauai. 5. C 2012 -137 Communication (04/10/2012) from the County Clerk, transmitting a claim filed against the County of Kauai by DTRIC Insurance Co., for damage to their vehicle, pursuant to Section 23.06, Charter of the County of Kauai. 6. C 2012 -138 Communication (04/12/2012) from the County Clerk, transmitting a claim filed against the County of Kauai by Robert H. Kure for damage to his personal property, pursuant to Section 23.06, Charter of the County of Kauai. I. COMMITTEE REPORT: 1. HOUSING / TRANSPORTATION / ENERGY CONSERVATION & EFFICIENCY COMMITTEE REPORT: a. CR -HTE 2012 -07: on HTE 2012 -09 Communication (04/12/2012) from Committee Chair Yukimura, requesting the presence of Eugene Jimenez, Housing Director, to discuss the housing vouchers issued by HUD for Kauai County. [Received for the record.] 2. PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE REPORT: a. CR -PSE 2012 -03: on PSE 2012 -01 J. RESOLUTIONS: Communication (03/28/2012) from Committee Chair Rapozo, requesting the presence of Larry Dill, County Engineer, to provide an update on the County's response to the recent storm and flooding on Kauai. [Received for the record.] 1. Resolution No. 2012 -22, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO DEFINITIONS OF "SHALL," "MUST," AND "MAY" (Deferred 4111 12012) Council Meeting Agenda -5- April 25, 2012 2. Resolution No. 2012 -23, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO THE ESTABLISHMENT OF THE OFFICE OF THE COUNCIL ATTORNEY (Deferred 4111 12012) 3. Resolution No. 2012 -35, A RESOLUTION APPROVING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS TO REFUND ALL OR A PORTION OF THE OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2005A, PREVIOUSLY ISSUED BY THE COUNTY OF KAUAI. 4. Resolution No. 2012 -36, A RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE FIRE COMMISSION (Michael Y. Nagano) 5. Resolution No. 2012 -37, A RESOLUTION ENCOURAGING ADOPTION OF ANTI - BULLYING POLICIES AND REGULATIONS K. BILLS FOR SECOND READING: 1. Bill No. 2424, Draft 2 - A BILL FOR AN ORDINANCE TO ALLOW SOLAR ENERGY FACILITIES IN THE AGRICULTURE DISTRICT (Deferred 4111 12012) 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 -539 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 April 5, 2012, regarding Real Property Tax Resolution and Setting of Tax Rates 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. M. ADJOURNMENT. Council Meeting Agenda -6- April 25, 2012 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/ GovernmentI CounUCouncil/ CouncilAgendasandPublicHearingNotices /tabid /73 /De ault.asx 1. 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 INITS ENTIRETY (Copy on file in the County Clerk's Office) 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.