Loading...
HomeMy WebLinkAbout08-22-2012 AgendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, AUGUST 22, 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. August 8, 2012 Public Hearing re: Bill No. 2440 2. March 14, 2012 Council Meeting E. CONSENT CALENDAR: 1. C 2012 -342 Communication (08/06/2012) from Councilmember Kuali`i, providing written disclosure of a possible conflict of interest and recusal on C 2012 -335, relating to the Kauai VOCA Expansion federal funds grant application on the August 8, 2012 Council Meeting Agenda and deferred to the August 15, 2012 Special Council Meeting, because he is employed by the YWCA, which receives sub -grant funds from the Kauai VOCA Expansion Progam. 2. C 2012 -343 Communication (08/15/2012) from Councilmember Kuali`i, providing written disclosure of a possible conflict of interest and recusal on C 2012 -336, relating to the Keiki P.O.H.A.K.U. Diversion Program grant application request, and C 2012 -337, relating to the Office of Prosecuting Attorney's State funding for the Victim Witness Program, on the August 15, 2012 Special Council Meeting, because he is awaiting an Advisory Opinion from the Board of Ethics regarding his participation in grant requests from the Office of the Prosecuting Attorney. 3. C 2012- 228(b) Communication (07/25/2012) from the Mayor, transmitting for Council consideration, the Cost Control Commission's recommendation to increase the Real Property Minimum Tax amount, Section 28.05 of the Kauai County Charter. (See Proposed Draft Bill (No. 2444)) Council Meeting Agenda -2- August 22, 2012 4. C 2012 -344 Communication (08/06/2012) from the Executive on Transportation, requesting Council consideration to amend the Fiscal Year 2012 -2013 Operating Budget by transferring a total of $310,000.00 from the OPEB accounts within the Transportation Agency, Fire Department, and Police Department, to the Agency's Automobiles line item to fund the required 20% local matching funds for the purchase of vehicles using Federal Transit Administration Section 5309 grant funds. (See Proposed Draft Bill (No. 2445)) F. COMMUNICATIONS: 1. C 2012 -345 Communication (07/31/2012) from the Director of Parks and Recreation, requesting Council agenda time to brief the Council on the Multi -Use Path Quarterly Report for the period December 2011 to June 2012. 2. C 2012 -222 Communication (04/26/2012) from Council Chair Furfaro, requesting the presence of the County Engineer and the Chief of Buildings to provide an update on the repair and maintenance of the Kilauea Gym as it relates to the leaking roof, floor damage, and corrective action that has occurred to address the roof and floor. (Deferred 0712512012 to the 0812212012 Council Meeting.) 3. C 2012 -346 Communication (08/02/2012) from the Director of Personnel Services, transmitting for Council information, pursuant to Section 19 of Ordinance No. B- 2011 -732 (FY 2011 -2012 Operating Budget), the quarterly report as of June 30, 2012, relating to vacancies, new hires, transfers, reallocations, or promotions approved within the County. (Reports on file in the County Clerk's Office.) 4. C 2012 -347 Communication (07/19/2012) from the Director of Finance, transmitting for Council information, the Period 12 Financial Reports — Statement of Revenues as of June 30, 2012 for Fiscal Year 2012, pursuant to Section 21 of Ordinance No. B- 2011 -732. (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 -348 Communication (08/15/2012) from Councilmember Kuali`i, requesting Council approval to include the following proposals in the 2013 Hawaii State Association of Counties Legislative Package and the 2013 County of Kauai Legislative Package: 1. A Bill For An Act Relating To Energy Resources 2. A Bill For An Act Relating To Affordable Housing Credits Council Meeting Agenda -3- August 22, 2012 G. LEGAL DOCUMENT: 1. C 2012 -349 Communication (08/15/2012) from the Housing Director, recommending Council approval of the following to allow the County to complete its due diligence and possible acquisition of two vacant parcels located in Lihu`e, Kauai, Hawaii (Parcel 1 -4203 Malama Street, Lihu`e, TMK: (4) 3- 6 -09 -01 and Parcel 2 -(2914 Kalena Street, Lihu`e, TMK: (4) 3- 6- 04 -09), being considered for development of Affordable Housing for the Elderly: a. Right -Of -Entry by Westridge Properties LLC. H. CLAIM: 1. C 2012 -350 Communication (07/31/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Alamo Rent -A -Car, for damage to their vehicle, pursuant to Section 23.06, Charter of the County of Kauai. 2. C 2012 -351 Communication (08/01/2012) from the Deputy County Clerk, transmitting a claim filed by Keith K.H. Young and Sylvia J. Luke, Cronin, Fried, Sekiya, Kekina & Fairbanks, on behalf of their client Jeffery Sampoang, for personal injury, pursuant to Section 23.06, Charter of the County of Kauai. 3. C 2012 -352 Communication (08/06/2012) from the Deputy County Clerk, transmitting a claim filed by Enterprise Damage Recovery Unit, for damage to their vehicle, pursuant to Section 23.06, Charter of the County of Kauai. 4. C 2012 -353 Communication (08/08/2012) from the Deputy County Clerk, transmitting a claim filed by Verna Rita, for personal injury and personal property damage, pursuant to Section 23.06, Charter of the County of Kauai. I. FOR RECONSIDERATION: 1. C 2012 -354 Communication (08/15/2012) from Councilmember Chang and Councilmember Yukimura, requesting a reconsideration of the vote taken at the August 8, 2012, Council Meeting on Resolution No. 2012 -51, Draft 1, RESOLUTION RELATING TO SMOKE - FREE COUNTY PARKS AND REQUESTING A STATE BAN ON UNDERAGE SMOKING Council Meeting Agenda -4- August 22, 2012 J. COMMITTEE REPORTS: 1. PLANNING COMMITTEE REPORT: a. CR -PL 2012 -05: on PL 2012 -03 Communication (08/07/2012) from Committee Chair Nakamura, requesting the presence of the Planning Director to participate in a brief workshop /discussion which is intended to provide a timeline relating to the update of the Comprehensive Zoning Ordinance (CZO), and to discuss the next steps that will be undertaken by the Planning Department. [Received for the record.] b. CR -PL 2012 -06: on 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 [Approved as amended.] 2. INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: a. CR -IGR 2012 -02: on IGR 2012 -03 Communication (08/09/2012) from Councilmember Yukimura, requesting agenda time to discuss proposed amendments to § 46 -15.1, Hawaii Revised Statutes, relating to affordable housing credits, and to approve its inclusion in the 2013 County of Kauai and Hawaii State Association of Counties (HSAC) Legislative Packages. [Approved for inclusion in the 2013 County of Kauai and HSAC Legislative Packages.] b. CR -IGR 2012 -03: on IGR 2012 -02 Communication (08/07/2012) from Councilmember Yukimura, requesting agenda time to discuss proposed amendments to § 196- 6.5, Hawaii Revised Statutes, requiring solar water heating on new construction of single - family and duplex homes, and to approve its inclusion in the 2013 County of Kauai and Hawaii State Association of Counties (HSAC) Legislative Packages. [Approved as amended for inclusion in the 2013 County of Kauai and HSAC Legislative Packages.] K. RESOLUTIONS: 1. Resolution No. 2012 -51, Draft 1, RESOLUTION RELATING TO SMOKE - FREE COUNTY PARKS AND REQUESTING A STATE BAN ON UNDERAGE SMOKING (Adopted by the Council on 0810812012) Council Meeting Agenda -5- August 22, 2012 L. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2444) — A BILL FOR AN ORDINANCE AMENDING SECTION 5A -6.3, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX (Cost Control Recommendation — Minimum Real Property Tax Assessment) 2. Proposed Draft Bill (No. 2445) — AN ORDINANCE AMENDING ORDINANCE NO. B- 2012 -736, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($310,000.00 — Transportation Agency, Vehicles Automobiles) M. BILL FOR SECOND READING: 1. Bill No. 2433, Draft 1 — 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 (See also CR -PL 2012 -06; the Planning Committee recommended approval as amended, on second and final reading.) N. 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 -565 Pursuant to Haw. Rev. Stat. § §92 -4 and 92- 5(a)(4) and (8); and Kauai County Charter §3.07(E), the purpose of this executive session is to consult with the Council's legal counsel to receive legal updates, overviews, and recommendations for purposes of obtaining Council approval of proposed settlement of a workers' compensation claim. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. Council Meeting Agenda -6- August 22, 2012 2. ES -566 Pursuant to Haw. Rev. Stat. § §92 -4 and 92- 5(a)(4) and (8); and Kauai County Charter §3.07(E), the purpose of this executive session is to consult with the Council's legal counsel to receive legal updates, overviews, and recommendations for purposes of obtaining Council approval of proposed settlement of a workers' compensation claim. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. 3. ES -567 Pursuant to Haw. Rev. Stat. § §92 -4 and 92- 5(a)(4) and (8); and Kauai County Charter §3.07(E), the purpose of this executive session is to consult with the Council's legal counsel to receive legal updates, overviews, and recommendations for purposes of obtaining Council approval of proposed settlement of a workers' compensation claim. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. 4. ES -568 Pursuant to Haw. Rev. Stat. sections 92 -4 and 92- 5(a)(4), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide Council with a briefing and request for authority to settle claim against the County by Lebeau Lagmay, filed on November 17, 2011, and referenced in Civil No. CV11 -00749 ACK KSC (U.S. District Court), as Lebeau Lagmay vs. Eric Caspillo, Individually and in his Capacity as Police Officer for the County of Kaua'i, Kaua'i Police Department; et al., 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. 5. ES -569 Pursuant to Haw. Rev. Stat. sections 92 -4 and 92- 5(a)(4), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide Council with a briefing and request for authority to settle claim against the County by Duane T. Souza, filed on March 25, 2008, and referenced in Civil No. 08 -1 -0065 (Fifth Circuit Court), as Duane T. Souza vs. County of Kaua'i, et al., 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. O. ADJOURNMENT. Council Meeting Agenda -7- August 22, 2012 P. PUBLIC HEARING 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 Clerks 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. ,aov/ Government/ CountyCouncil/ CouncilA,aendasandPublicHearin ,allotices /tabid /73/Default.asm 1. Bill No. 2441 - AN ORDINANCE AMENDING ORDINANCE NO. B- 2012 -736, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL, HIGHWAY, AND SEWER FUNDS 2. Bill No. 2442 - AN ORDINANCE AMENDING ORDINANCE NO. B- 2012 -737, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL, BOND, AND SEWER TR UST FUNDS Q. 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.