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HomeMy WebLinkAbout06-27-2012 Council Meeting Agenda (ds)COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, JUNE 279 2012 8:30 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. Minutes of the March 28, 2012 Council Meeting 2. Minutes of the May 23, 2012, Council Meeting E. CONSENT CALENDAR: 1. C 2012 -193 Communication (06/05/2012) from the Chief, Engineering Division, Department of Public Works, transmitting for Council approval, a Resolution repealing an existing school bus stop on Nonou Road and establishing a new school bus stop in the vicinity of 4846 Nonou Road, as requested by Mr. Joshua F. Rapanot, with concurrence from the Department of Education Bus Transportation Services. (See Resolution No. 2012 -47) 2. C 2012 -194 Communication (06/05/2012) from the Chief, Engineering Division, Department of Public Works, transmitting for Council approval, a Resolution establishing a school zone and 15 MPH speed limit for the entire lengths of Mahimahi Road, Malolo Road, Malolo Place, and a portion of Weke Road, Hanalei District, as requested by Mr. Ke`ala Pavao Bartolini and Aloha School. (See Resolution No. 2012 -48) COUNCIL MEETING AGENDA 2 JUNE 27, 2012 F. COMMUNICATIONS: 1. C2012-195 Communication (06/05/2012) from Councilmember Nakamura, requesting the presence of Mr. Alan Tang, CEO & President, Olomana Loomis ISC, to provide an update on the feasibility study for the Community Digital Media Center. 2. 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 0611312012) 3. 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.) (Deferred 0611312012) 4. C 2012 -196 Communication (06/19/2012) from the Council Chair, requesting the Administration's presence to discuss the Kukui`ula Community Facilities District (CFD) Bond as it relates to the sale of the bonds, the disbursement of bond proceeds, and the allocation and funding process for the designated County projects identified to be funded — Kaneiolouma Heiau Complex, Parking for Po`ipu Beach Park, and Koloa- Po`ipu Complete Streets Initiative. 5. C 2012 -197 Request (06/18/2012) from the Office of the County Attorney for authorization to expend funds up to $125,000.00 to retain special counsel to provide legal counsel for the County regarding development of the landfill and related matters COUNCIL MEETING AGENDA 3 JUNE 27, 2012 G. CLAIMS: 1. C 2012 -198 Communication (06/04/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by True Blue, Inc., dba Kauai Beach Boys, S. Kamal Salibi, President, for loss of revenue, pursuant to Section 23.06, Charter of the County of Kauai. 2. C 2012 -199 Communication (06/04/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Chris Link for property damages, pursuant to Section 23.06, Charter of the County of Kauai. 3. C 2012 -200 Communication (06/05/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Helen Cameron for medical bills, pursuant to Section 23.06, Charter of the County of Kauai. 4. C 2012 -201 Communication (06/06/2012) from the Deputy 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. 5. C 2012 -202 Communication (06/12/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Karen Ramos, for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. 6. C 2012 -203 Communication (06/15/2012) from the County Clerk, transmitting a claim filed against the County of Kauai by Janis Mardonada, for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. H. LEGAL DOCUMENT: 1. C 2012 -204 Communication (06/06/2012) from the Director, Parks & Recreation Department, recommending Council approval of the following (See also C 2011 -106 for purchase agreement for land acquisition approved by the Council on April 7, 2011): • Warranty Deed by Masakatsu Katsura, Trustee of the Masakatsu Katsura Revocable Trust, and Mieko Katsura, Trustee of the Mieko Katsura Revocable Trust, conveying to the County Lots F -2 and G -2, Niulani Tract (First Addition), Waipouli, Kawaihau, Kauai (TMK: (4) 4 -3- 09:42), for use as part of the Lydgate- Kapa`a Shared -Use Path, and includes a utility easement that will be executed directly between the Katsura Trusts and Kauai Island Utility Cooperative. 2. C 2012 -205 Communication (06/18/2012) from Kamuela Cobb Adams, Housing Director, recommending Council approval of the following: • Grant of Easement by the County of Kauai and Paanau Village Partners LP conveying Easement E -1, K61oa, Kauai, Hawaii, to Kauai Island Utility Cooperative for utility purposes for Paanau Village Phase 2. COUNCIL MEETING AGENDA 4 JUNE 27, 2012 I. RESOLUTIONS: 1. Resolution No. 2012 -22, Draft 1, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO DEFINITIONS OF "SHALL," "MUST," AND "MAY" (Deferred 0611312012) 2. Resolution No. 2012 -42, RESOLUTION AUTHORIZING 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 BY EMINENT DOMAIN (Public Hearing held 0611312012) 3. Resolution No. 2012 -47, RESOLUTION AMENDING RESOLUTION NO. 166 (1975) DELETING AND ESTABLISHING SCHOOL BUS STOP ON NONOU ROAD, WAILUA HOUSELOTS, KAWAIHAU DISTRICT 4. Resolution No. 2012 -48, RESOLUTION ESTABLISHING A SCHOOL ZONE AND 15 MPH SPEED LIMIT FOR THE ENTIRE LENGTH OF MAHIMAHI ROAD, MALOLO ROAD, MALOLO PLACE, AND A PORTION OF WEKE ROAD, HANALEI DISTRICT, COUNTY OF KAUAI J. EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. (W.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 -553 Pursuant to HRS sections 92 -4, 92- 5(a)(4), and Kaua'i County Charter section 3.07(e), the Office of the County Attorney, on behalf of the Council, requests an executive session with the Council to provide the Council with a briefing regarding the claim against the County by Kaua'i Akinaka & Associates, Ltd, filed on May 14, 2012, and previously on the Council's agenda as C 2012 -189, 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. (See also C 2012 -189 on the June 13, 2012 Council Agenda) COUNCIL MEETING AGENDA 5 JUNE 27, 2012 2. ES -554 Pursuant to HRS sections 92 -4, 92- 5(a)(4), and Kaua'i County Charter section 3.07(e), the Office of the County Attorney, on behalf of the Council, requests an executive session with the Council to provide the Council with a briefing regarding the claim against the County by Waste Management of Hawai'i, filed on May 17, 2012, and previously on the Council's agenda as C 2012 -191, 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. (See also C 2012 -191 on the June 13, 2012 Council Agenda) 3. ES -555 Pursuant to HRS sections 92 -4, 92- 5(a)(4), and Kaua'i County Charter section 3.07(e), the Office of the County Attorney, on behalf of the Council, requests an executive session with the Council to provide the Council with a briefing regarding the claim against the County by Waste Management of Hawai'i, filed on May 24, 2012, and previously on the Council's agenda as C 2012 -192, 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. (See also C 2012 -192 on the June 13, 2012 Council Agenda.) 4. ES -556 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 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. 5. ES -557 Pursuant to Hawai'i Revised Statutes Sections 92 -4, 92- 5(a)(4), and Kaua'i 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 June 18, 2012, regarding the establishment of Council Advisory Committees pursuant to Council Rule No. 4 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 JUNE 27, 2012 6. ES -558 Pursuant to HRS section 92 -4, 92- 5(a)(2), 92- 5(a)(4) and 92- 5(a)(8), and Kaua'i County Charter section 3.07(e), the Office of the County Attorney, on behalf of the Council, requests an executive session to allow the Council to consult with the County Attorney concerning the County Auditor's Audit of Fuel Costs, Consumption and Management; the referral of the audit to specified external parties, 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. This executive session is also to consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held. K. ADJOURNMENT. L. PUBLIC HEARING 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: / /www.kauai.gov/ Government /County Council/ CounciL4gendasandPublicHearin ,allotices /tabid /73 /Default.aspx 1. Resolution No. 2012 -44, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO RESTRICTING THE MAYORS POWER OVER DEPARTMENTS 2. Resolution No. 2012 -45, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO ADDITIONAL D UTIES OF THE CO UNTY AUDITOR 3. Resolution No. 2012 -46, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO THE PREPARATION OF MONTHLY FINANCIAL STATEMENTS BY THE DIRECTOR OF FINANCE M. 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.