The URL can be used to link to this page

Home My WebLink About05-09-2012 Council Meeting Agenda _dsCOUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, MAY 99 2012 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 Lihu`e, Kauai, Hawaii 96766 I :A1l1Do By11RuffN:1NND112k[exelRk 1301 B. ROLL CALL. C. APPROVAL OF AGENDA. D. CONSENT CALENDAR: 1. C 2012 -139 Communication (04/20/2012) from the Mayor, transmitting for Council consideration and confirmation, the Mayoral appointment of Clifton J. Miranda, to the Fire Commission — term ending 12/31/12. (See Resolution No. 2012 -38) 2. C 2012 -140 Communication (04/19/2012) from the Mayor, transmitting for Council consideration and confirmation, the Mayoral appointment of Benjamin E. Lizama, Jr., to the Board of Review — term ending 12/31/12. (See Resolution No. 2012 -39) 3. C 2012 -141 Communication (04/30/2012) from Vice Chair Yukimura, transmitting for Council consideration, a proposed Charter Amendment relating to the terms set for County Councilmembers. (See Resolution No. 2012 -40) 2 Council Meeting Agenda May 9, 2012 4. C 2012 -142 Communication (04/17/2012) from the Chief of Police, transmitting for Council consideration, a proposed amendment to the Kauai County Code 1987, as amended, for the following: • Establish a permitting system for residential alarm systems. • Allow the Kauai Police Department (KPD) to assess service charges for permit issuance and for responses to repeat false alarms. • Allow KPD to obtain and maintain accurate contact information for holders of permits for residential alarm systems. (See Proposed Draft Bill No. 2435) 5. C 2012 -143 Communication (05/01/2012) from Councilmember Kuali`i, providing written disclosure on the record of a possible conflict of interest relating to the "YWCA — Family Violence Shelter" and "YWCA — Sexual Assault Treatment Program" line items contained in "Other Services" (Account No. 001 - 0901 - 512.30 -00) in Bill No. 2431, due to his employment with the YWCA. 6. C 2012 -144 Communication (05/01/2012) from Councilmember Chang, providing written disclosure on the record of a possible conflict of interest relating to the "Kaua`i Recycles Program" and "Recycling Promotions" line items contained in "Other Services" (Account No. 208 - 2033 - 641.30 -00) in Bill No. 2431, due to his position as the Owner of Wala`au Productions which tapes and airs advertisements for Garden Isle Disposal. 7. C 2012 -145 Communication (05/01/2012) from Councilmember Chang, providing written disclosure on the record of a possible conflict of interest relating to the "Tourism — Kaua`i Marathon" and "Tourism — Kaua`i Marathon /Iwaki Marathon" line items contained in "Other Services" (Account No. 001 - 0901 - 512.30 -00) in Bill No. 2431, due to his position as the Owner of Wala`au Productions which tapes and airs footage of the Kauai Marathon. 8. C 2012 -146 Communication (05/02/2012) from Vice Chair Yukimura, transmitting for Council consideration a proposed Charter Amendment to remove the provision allowing the Mayor, during the annual budget setting process, to submit a "second proposed annual budget" (referred to as the Mayor's Budget Modification) as provided for in Section 19.02(A) and Section 19.07(A) of the Charter of the County of Kauai. (See Resolution No. 2012 -41) 3 Council Meeting Agenda May 9, 2012 E. COMMUNICATIONS: 1. C 2012 -147 Communication (04/23/2012) from Council Chair Furfaro, requesting the presence of Mr. Scott Matsuura and Mr. James Pacopac to provide an update on the 2012 Legislative Session. 2. C 2012 -148 Communication (02/21/2012) from Council Chair Furfaro, requesting the presence of Leonard A. Rapozo, Jr., Director of Parks & Recreation, and Gary Ueunten, State Department of Health, to provide the Council with a six (6) month update on the Lydgate Pond Restoration Project. 3. C 2012 -149 Communication (04/12/2012) from the Chief of Police, requesting Council approval to expend approximately $10,000.00 of unexpended funds from account number 001 - 1001 - 551.89 -06 to purchase a covered trailer that will be assigned to the Hanalei substation as part of a disaster preparedness and response package for first responders and to sustain continued police operations for the Hanalei, Wainiha, and Ha`ena communities when Kuhi`o Highway is completely closed to all vehicular traffic for extended periods. 4. C 2012 -150 Communication (04/20/2012) from the Director of Finance, transmitting for Council information, the Period 9 Financial Reports — Statement of Revenues as of March 31, 2012, for Fiscal Year 2012, pursuant to Section 21 of the Operating Budget Ordinance (B- 2011 -732), County of Kauai. (Detailed Budget Report, Statement of Revenues (Estimated and Actual), Statement of Expenditures and Encumbrances, and Revenue Report). (On file in the County Clerk's Office.) 5. C 2012 -151 Communication (04/20/2012) from the Fire Chief, requesting Council approval to apply for, receive, and expend the 2011 Assistance to Firefighters Grant in the amount of $77,936.00 to purchase a 19' Boston Whaler to be stationed at the Kapa`a Fire Station, replacing the existing aging jetboat, total cost of the 19' Boston Whaler, including tax and shipping is $97,419.00. The remaining balance after utilizing grant is $19,483.00 will be funded from the Fire Department's Public Safety Equipment Account #001- 1102- 566.89 -06. 4 Council Meeting Agenda May 9, 2012 6. C 2012 -152 Communication (04/26/2012) from the County Attorney, requesting Council approval to expend funds up to $30,000.00 to retain special counsel to represent the Office of the Prosecuting Attorney regarding the P.O.H.A.K.U. Program and related matters. F. CLAIMS: 1. C 2012 -154 Communication (04/20/2012) from the County Clerk, transmitting a claim filed against the County of Kauai, by Philip Medeiros, for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. 2. C 2012 -155 Communication (04/25/2012) from the County Clerk, transmitting a claim filed against the County of Kauai, by Watumull Plaza, for property damage, pursuant to Section 23.06, Charter of the County of Kauai. 3. C 2012 -156 Communication (04/25/2012) from the County Clerk, transmitting a claim filed against the County of Kauai, by Brian Esler, for damages to his personal property, pursuant to Section 23.06, Charter of the County of Kauai. 4. C 2012 -157 Communication (04 -27 -2012) from the County Clerk, transmitting a claim filed against the County of Kauai, by Progressive Casualty Group Insurance, Co., for damage to their vehicle, pursuant to Section 23.06, Charter of the County of Kauai. G. COMMITTEE REPORTS 1. HOUSING / TRANSPORTATION / ENERGY CONSERVATION & EFFICIENCY COMMITTEE: a. CR -HTE 2012 -08 on HTE 2012 -10 Communication (04/24/2012) from Committee Chair Yukimura, requesting the presence of Ben Welborn of Landmark Consulting Services to discuss the report titled "North Shore Path Alternatives Report." (Received for the Record.) 5 Council Meeting Agenda May 9, 2012 2. ECONOMIC DEVELOPMENT & RENEWABLE ENERGY STRATEGIES COMMITTEE: a. CR -EDR 2012 -03 on EDR 2012 -07 Communication (04/23/2012) from the Director of the Office of Economic Development, requesting agenda time for a presentation by the Virtual Enterprise Class, Kapa`a High School, on their Virtual Enterprise Business 808 FUSE (Fun Using Sustainable Energy). (Received for the Record.) 3. FINANCE / PARKS & RECREATION / PUBLIC WORKS PROGRAMS COMMITTEE: a. CR -FPP 2012 -07 on FPP 2012 -07 H. RESOLUTIONS: Communication (04/26/2012) from Committee Chair Bynum, requesting the presence of the Director of Finance and Real Property Assessment Division to provide a briefing on matters regarding real property taxes. (Received for the record.) 1. Resolution No. 2012 -22, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO DEFINITIONS OF "SHALL," "MUST," AND "MAY" (Deferred 0412512012) 2. Resolution No. 2012 -23, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO THE ESTABLISHMENT OF THE OFFICE OF THE COUNCIL ATTORNEY (Deferred 0412512012) 3. Resolution No. 2012 -36, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE FIRE COMMISSION (Michael Y. Nagano) (Deferred 0412512012) 4. Resolution No. 2012 -38, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE FIRE COMMISSION (Clifton J. Miranda) 5. Resolution No. 2012 -39, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF REVIEW (Benjamin E. Lizama, Jr.) 6. Resolution No. 2012 -40, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO THE TERMS SET FOR COUNTY COUNCILMEMBERS 6 Council Meeting Agenda May 9, 2012 7. Resolution No. 2012 -41, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO BUDGET PROCEDURES I. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2435) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, BY ESTABLISHING A NEW ARTICLE RELATING TO ALARM SYSTEMS J. ADJOURNMENT. K. 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 -542 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 Office of the Prosecuting Attorney regarding the Pohaku Program and related matter. The briefing and consultation involves consideration of the powers, duties, immunities, and /or liabilities of the Council and the County as they relate to this agenda item. L. ADJOURNMENT. 7 Council Meeting Agenda May 9, 2012 M. 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:Ilwww.kauai.gov/ GovernmentI CounUCouncil/ CouncilAgendasandPublicHearingNotices /tabid /73 /De ault.as 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 IN ITS ENTIRETY 2. Bill No. 2434 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 12 OF THE KA UA I COUNTY CODE - 1987, AS AMENDED, ENTITLED "BUILDING CODE" 0. NOTE: If the Council is not finished with this meeting by approximately 5:00 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:Ilwww.kauai.gov/ Government/ CountyCouncil/ CouncilAgendasandPublicHearingNotices /tabid/73IDefault.as� 1. Resolution No. 2012 -30, RESOLUTION ESTABLISHING THE REAL PROPERTY TAX RATES FOR THE FISCAL YEAR JULY], 2012 TO JUNE 30, 2013 FOR THE COUNTY OF KA U47 2. Bill No. 2431 —A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL YEAR JULY], 2012 TO JUNE 30, 2013 3. Bill No. 2432 —A BILL FOR AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY], 2012 TO JUNE 30, 2013 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, Council Meeting Agenda May 9, 2012 4396 RICE STREET, SUITE 209, LIHU`E, KAUAI. TELEPHONE NO. 241 -4188. FACSIMILE NO. 241 -6349.