HomeMy WebLinkAbout06-13-2012 Council Meeting Agenda (il)COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, JUNE 133, 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. Minutes of the March 13, 2012 Conservation Workshop
2. Minutes of the April 11, 2012 Council Meeting
3. Minutes of the May 9, 2012 Public Hearing
4. Minutes of the May 9, 2012 Special Council Meeting
5. Minutes of the May 23, 2012 Public Hearing
E. CONSENT CALENDAR:
1. C 2012 -174 Communication (05/22/2012) from the Council Chair, transmitting
for Council consideration and confirmation, Council appointee
Stephen W. Long — term ending 12/31/2014, to the Kauai Historic
Preservation Review Commission (Architect).
(See Resolution No. 2012 -43)
2. C 2012 -175 Communication (05/31/2012) from Councilmember Rapozo,
transmitting for Council consideration a Charter Amendment
Relating to Restricting the Mayor's Power Over Departments.
(See Resolution No. 2012 -44)
3. C 2012 -176 Communication (06/06/2012) from the Council Chair, transmitting
for Council consideration a Charter Amendment Relating to
Additional Duties of the County Auditor.
(See Resolution No. 2012 -45)
4. C 2012 -177 Communication (05/31/2012) from Councilmember Rapozo,
transmitting for Council consideration a Charter Amendment
Relating to the Preparation of Monthly Financial Statements by the
Director of Finance.
(See Resolution No. 2012 -46)
Council Meeting Agenda 2 June 13, 2012
5. C 2012 -178 Communication (06/07/2012) from Council Chair, transmitting for
Council consideration, amendments to Chapter 3, Kauai County
Code, 1987, as amended, Relating to the Representation of Clients
with Conflicting Interests by the Office of the County Attorney.
(See Proposed Draft Bill (No. 2438))
F. COMMUNICATIONS:
1. C 2012 -170 Communication (05/17/2012) from Councilmember Yukimura,
requesting Council approval of her request that the Board of Ethics
conduct an investigation of whether violations of the Code of Ethics
have occurred in connection with the creation and operation of the
P.O.H.A.K.U. Program and related matters.
(Deferred 0512312012 to June 13, 2012 pending availability of
recommendations from the County Attorney.)
2. C 2012 -173 Communication (05/01/2012) from Robert Crowell, Chair, Salary
Commission, transmitting pursuant to Section 29.03, Kauai
County Charter, the Salary Commission's Resolution No. 2012 -2,
relating to salaries of the Police and Fire Chiefs and their deputies,
adopted by the Salary Commission on April 23, 2012.
(Deferred 0513012012)
3. C 2012 -179 Communication (05/09/2012) from Councilmember Nakamura,
requesting the presence of Mr. Joel Huesby, Owner, Huesby Farms,
LLC, to provide an update on the feasibility study for the Modular
Multi- Species Processing Establishment.
4. C 2012 -180 Communication (05/21/2012) from the Director of Finance,
transmitting for Council information, the Period 10 Financial
Reports — Statement of Revenues as of April 30, 2012, for Fiscal
Year 2012, pursuant to Section 21 of the Operating Budget
Ordinance (B- 2011 -732), County of Kauai. (Statement of Revenues
— Estimated and Actual, Statement of Expenditures and
Encumbrances, Revenue Report, and Detailed Budget Report on file
in the County Clerk's Office.)
5. C 2012 -181 Communication (05/07/2012) from the Director of Finance,
transmitting for Council information the following reports:
(1) County of Kauai Bond Summary of General Long — Term
Debt Amount Outstanding as of July 01, 2011;
(2) County of Kauai Bond Supplemental Summary of General
Long — Term Debt Amount Outstanding as of June 30, 2012;
Excluded County of Kauai Bond Supplemental Summary of
Long — Term Debt Amount Outstanding as of June 30, 2012:
CFD No. 2008 -1 (Kukui`ula Development Project) Special
Tax Bonds, Series 2012, sold April 25, 2012.
(Copy on file in the County Clerk's Office.)
Council Meeting Agenda 3 June 13, 2012
6. C 2012 -182 Communication (05/29/2012) from Mel Rapozo, Hawaii State
Association of Counties (HSAC) President, requesting Council
approval, pursuant to Section 5 of the Bylaws of the Hawaii State
Association of Counties, Inc., of the proposed slate of officers for
Fiscal Year 2012 -2013:
• Mel Rapozo (Kaua`i County Council), President
Jay Furfaro (Alternate)
• K. Angel Pilago (Hawai`i County Council), Vice President
Brittany Smart (Alternate)
• Joseph Pontanilla (Maui County Council), Treasurer
G. Riki Hokama (Alternate)
• Stanley Chang (Honolulu City Council), Secretary
Ikaika Anderson (Alternate)
7. C 2012 -183 Communication (05/14/2012) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend an
Edward J. Byrne Memorial Justice Assistance Grant (JAG)
FY 2012 Local Solicitation Grant in the amount of $41,491.00, to be
utilized to continue the employment of the Full -Time Equivalent
Process Server, as well as to provide training to the Kauai Police
Department, for the period commencing on October 1, 2012 through
September 30, 2015.
8. C 2012 -184 Communication (05/18/2012) from the Civil Defense Manager,
requesting Council approval to receive and expend National
Oceanic Atmospheric Administration (NOAA) funds not to exceed
$30,000.00, authorized by CFDA No. 11.467, NOAA Award NA5 —
NA09NWS46700016, and are managed by their sponsor, State of
Hawaii, Department of Defense, Civil Defense Division, to be
utilized for a "Kaua`i Tsunami Evacuation Signage" project.
9. C 2012 -185 Request (06/07/2012) from the Office of the County Attorney, at the
request of the Kauai Police Department, for approval to expend
funds up to $10,000.00 to retain special counsel to advise and
represent the Kauai Police Department with regard to the Kauai
Police Department's Administrative Review Board, Case Number
NDA- 12 -06, and related matters.
G. LEGAL DOCUMENT:
1. C 2012 -186 Communication (05/23/2012) from the Director, Parks & Recreation
Department, recommending Council approval of the following:
• Warranty Deed by Kauai Kai Associates conveying to the County
Lot B -2, Waipouli, Kawaihau, Kauai, Hawaii, (TMK: 4- 4- 3- 09:41),
for use as part of the Lydgate- Kapa`a Shared -Use Path, which
includes a utility easement executed between Kauai Kai and Kauai
Island Utility Cooperative.
Council Meeting Agenda 4 June 13, 2012
-Land acquisition cost of approximately $18,551
($11,800 for Lot B -2 (455 SF), $6,200 for Easement U -1 (266 SF),
and $551 closing costs, including title insurance, escrow, and
fees)
2. C 2012 -187 Communication (05/30/2012) from Gary A. Mackler, Acting Housing
Director, recommending Council approval of the following:
• Grant of Easement by the County of Kauai conveying a Utility
Easement situate at Lot 47 (9661 Haina Road), Waimea, Kauai,
Hawaii (TMK: (4) 1 -2- 00807) to Kauai Island Utility Cooperative
and Hawaiian Telcom, Inc., for utility purposes of the County's Lot
Development Program in Waimea.
H. CLAIM:
1. C 2012 -188 Communication (05/14/2012) from the Deputy County Clerk,
transmitting a claim filed against the County of Kauai by Martha
Itamura for damage to her personal property, pursuant to Section
23.06, Charter of the County of Kauai.
2. C 2012 -189 Communication (05/14/2012) from the Deputy County Clerk,
transmitting a claim filed against the County of Kauai by Kauai
Akinaka & Associates, LTD., for services rendered, pursuant to
Section 23.06, Charter of the County of Kauai.
3. C 2012 -190 Communication (05/14/2012) from the Deputy County Clerk,
transmitting a claim filed against the County of Kauai by Kevin
Robert Campbell for damage to his personal property, pursuant to
Section 23.06, Charter of the County of Kauai.
4. C 2012 -191 Communication (05/17/2012) from the Deputy County Clerk,
transmitting a claim filed against the County of Kauai by Waste
Management of Hawaii for damage to their equipment, pursuant to
Section 23.06, Charter of the County of Kauai.
5. C 2012 -192 Communication (05/24/2012) from the Deputy County Clerk,
transmitting a claim filed against the County of Kauai by Waste
Management of Hawaii for damage to their equipment, pursuant to
Section 23.06, Charter of the County of Kauai.
I. COMMITTEE REPORTS:
1. PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE:
a. CR -PSE 2012 -04: on PSE 2012 -02
Communication (05/25/2012) from
Committee Chair Rapozo, requesting the
presence of the County Engineer to provide
an update on solid waste diversion and the
potential alternative method of using
municipal solid waste shredding.
[Received for the Record.]
Council Meeting Agenda 5 June 13, 2012
b. CR -PSE 2012 -05: on PSE 2012 -03
J. RESOLUTIONS:
Communication (05/25/2012) from
Committee Chair Rapozo, requesting the
presence of the County Engineer to provide
an update and status regarding the recent
sewage spillage affecting the Kalapaki Bay
area. [Received for the Record.]
1. Resolution No. 2012 -22, Draft 1, RESOLUTION PROPOSING A
CHARTER AMENDMENT RELATING TO DEFINITIONS OF "SHALL," "MUST,"
AND "MAY" (Deferred 0512312012)
2. Resolution No. 2012 -41, RESOLUTION PROPOSING A CHARTER
AMENDMENT RELATING TO BUDGET PROCEDURES (Public Hearing held
5/23/2012)
3. Resolution No. 2012 -43,
APPOINTMENT TO THE KAUAI
COMMISSION (Stephen W. Long)
RESOLUTION CONFIRMING COUNCIL
HISTORIC PRESERVATION REVIEW
4. Resolution No. 2012 -44, RESOLUTION PROPOSING A CHARTER
AMENDMENT RELATING TO RESTRICTING THE MAYOR'S POWER OVER
DEPARTMENTS
5. Resolution No. 2012 -45, RESOLUTION PROPOSING A CHARTER
AMENDMENT RELATING TO ADDITIONAL DUTIES OF THE COUNTY
AUDITOR
6. Resolution No. 2012 -46, RESOLUTION PROPOSING A CHARTER
AMENDMENT RELATING TO THE PREPARATION OF MONTHLY FINANCIAL
STATEMENTS BY THE DIRECTOR OF FINANCE
7.
K. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2438) — A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 3 OF THE KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO THE REPRESENTATION OF CLIENTS WITH CONFLICTING
INTERESTS BY THE OFFICE OF THE COUNTY ATTORNEY
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 Clerk's Office. Discussions held in
Executive Session are closed to the public.)
Council Meeting Agenda 6 June 13, 2012
1. ES -550 Pursuant to HRS section 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 the Council to consult with
the County Attorney regarding a request to the Board of Ethics to
investigate whether a violation of the Code of Ethics occurred in
connection with the creation and operation of the P.O.H.A.K.U.
program and the Finance Department's review of the P.O.H.A.K.U.
program and related matters. 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.
2. ES -551 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, at the
request of the Kauai Police Department, requests an executive session
with the Council to provide the Council with a briefing on the retention
of special counsel to advise and represent the Kauai Police
Department with regard to the Kauai Police Department's
Administrative Review Board, Case Number NDA- 12 -06, 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 hearing on the following. After the public hearing, 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 CountyCouncil/ CouncilAgendasandPublicHearingNotices /tabid/73IDefault.as�
1. Resolution No. 2012 -42, RESOLUTIONAUTHORIZING THE ACQUISITION OF THE FEE SIMPLE
INTEREST IN LANDS REQUIRED FOR PUBLIC USE, TO WIT. THE PEDESTRIAN AND BICYCLE PATH
WHICH CONSTITUTES PART OF PUBLIC PARK SYSTEM, SITUATE AT WAIPOULI, DISTRICT OF
KAWAIHAU, COUNTY OF KAUAI, HAWAII AND DETERMINING AND DECLARING THE NECESSITY OF
THE ACQUISITION THEREOF BYEMINENT DOMAIN.
2. Bill No. 2436 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 16 AND CHAPTER 17 OF
THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO ELECTRIC VEHICLE CHARGING
STATIONS
3. Bill No. 2437 —A BILL FOR AN ORDINANCE TO AMEND SECTION 19- 1.3AND SECTION 19 -1.4
OF THE KA UA `I COUNTY CODE 1987, AS AMENDED, RELATING TO PARKS AND RECREATION
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.