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HomeMy WebLinkAbout09-05-2012 Council Meeting Agenda (il)COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, SEPTEMBER 5, 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. May 30, 2012 Special Council Meeting 2. June 13, 2012 Council Meeting 3. June 13, 2012 Public Hearing re: Resolution No. 2012 -42, Bill No. 2436, and Bill No. 2437 4. July 25, 2012 Special Council Meeting 5. July 25, 2012 Council Meeting 6. August 8, 2012 Council Meeting 7. August 22, 2012 Public Hearing re: Bill No. 2441 and Bill No. 2442 E. CONSENT CALENDAR: 1. C 2012 -355 Communication (08/13/2012) from the Executive on Transportation, transmitting the following: 1. for Council information, the Kauai Community College Public Transit Pilot Project Report, and 2. for Council consideration, amendments to Chapter 17A, Kauai County Code 1987, as amended, to address the discount bulk bus pass rate proposed for Kauai Community College students. (See Proposed Draft Bill (No. 2446)) 2. C 2012 -356 Communication (08/13/2012) from the County Engineer, transmitting for Council consideration, amendments to Ordinance No. B- 2012 -737, Relating to the Fiscal Year 2012 -2013 Capital Budget and Ordinance No. B- 2012 -736 relating to the Fiscal Year 2012 -2013 Operating Budget to address utilization and transfer of funding from the Reserve Fund which will be used for the initial Disaster Response for the incident period of March 3 -11, 2012 referred to by the Federal Declaration of April 18, 2012 referred to as FEMA- 4062- DR -HI. (See Proposed Draft Bills (No. 2447) and (No. 2448)) Council Meeting Agenda -2- September 5, 2012 3. C 2012 -357 Communication transmitting for the Fiscal Year Office.) (08/15/2012) from the Director of Finance, Council information, the Inventory Report for Ending June 30, 2012. (Copy on file in Clerk's 4. C 2012 -358 Communication (08/20/2012) from Councilmember Kuali`i, providing written disclosure of a possible conflict of interest and recusal on C 2012 - 348(2), relating to the request for Council approval to include "Proposal 2," which is "A Bill For An Act Relating To Affordable Housing Credits" in the 2013 HSAC and 2013 County of Kauai Legislative Package, on the August 22, 2012 Council Meeting, because he is a Board member of the non - profit organization Hui Kaka`oAina Ho`opulapula, which works directly with the Department of Hawaiian Homelands (DHHL). 5. C 2012 -359 Communication (08/24/2012) from the Director of Finance, transmitting for Council consideration, amendments to Ordinance No. B- 2012 -737, relating to the Fiscal Year 2012 -2013 Capital Budget, to appropriate Community Facilities District (CFD) No. 2008 -1 Series 2012 Bond Funds to specific projects in the Koloa- Po`ipu area that were identified and approved via Council Resolution No. 2012 -25, Exhibit A (Kaneiolouma Heiau, Po`ipu Beach Park Parking /Drainage Improvements, and Complete Streets Projects — Koloa — Po`ipu Area). (See Proposed Draft Bill (No. 2449)) F. COMMUNICATIONS: 1. C 2012 -360 Communication (08/22/2012) from the Director of Parks and Recreation, requesting agenda time to brief the Council on the plans for a Skate Park in Lihu`e. 2. C 2012 -345 Communication (07/31/2012) from the Director of Parks and Recreation, requesting agenda time to brief the Council on the Multi -Use Path Quarterly Report for the period December 2011 to June 2012. (Deferred 812212012) 3. 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. (Deferred 812212012) Council Meeting Agenda -3- September 5, 2012 4. C 2012 -361 Communication (08/13/2012) from the Fire Chief, requesting Council approval to apply, receive, and expend the U.S. Department of Homeland Security, Assistance to Firefighters, Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the amount of $472,350.00 that will be used to cover the cost of the salaries of three (3) new firefighters for the Lihu`e engine company for two (2) years with no cost share to the County. 5. C 2012 -362 Communication (08/14/2012) from the Housing Director, requesting Council approval to decline the County's option to repurchase Unit No. 90, Villas at Puali, located at 1921 Hokulei Place, Lihu`e, Hawaii, 96766, and to grant the owner a waiver of the buyback and allow the market sale of the unit for a period of one -year. 6. C 2012 -363 Communication (08/14/2012) from the Housing Director, requesting Council approval to decline the County's option to repurchase Unit No. 201, Hookena at Puhi, located at 2080 Manawalea St., Lihu`e, Hawaii, 96766, and to grant the owner a waiver of the buyback and allow the market sale of the unit for a period of one -year. 7. C 2012 -364 Communication (08/28/2012) from Council Vice Chair Yukimura and Councilmember Nakamura, requesting agenda time to discuss and approve a list of community people to be recommended to and appointed by the Mayor to serve on a Mayor's Advisory Committee for a Drug Prevention Grant Pilot Project administered by the Life's Choices Kauai Office. 8. C 2012 -365 Request (08/29/2012) from the Office of the County Attorney for authorization to expend up to $20,000 for special counsel's continued representation of the Kauai Police Commission and the Kauai Police Commission Members, in their official capacity, in Kauai Police Commission, et al. vs. Bernard P. Carvalho, Jr., in his official capacity as the Mayor of the County of Kauai, Civil No. 12 -1 -0229 (Fifth Circuit Court), and related matters. G. LEGAL DOCUMENT: 1. C 2012 -366 Communication (08/30/2012) from the Housing Director, recommending Council approval of the Grant of Easement from the County of Kauai and Paanau Village Partners LP to the Board of Water Supply, County of Kauai, for a Paanau Village Phase 2 water meter project. (TMK: (4) 2- 6- 015:020) • Grant of Easement for TMK: (4) 2 -6- 015:020 Council Meeting Agenda -4- September 5, 2012 N:Kyw: 'j w►•�� 1. C 2012 -367 Communication (08/16/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Koga Engineering & Construction, Inc., for damage to their vehicle, pursuant to Section 23.06, Charter of the County of Kauai. 2. C 2012 -368 Communication (08/20/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Elizabeth G. Villasista, for medical bills, pursuant to Section 23.06, Charter of the County of Kauai. 3. C 2012 -369 Communication (08/21/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by James Harper, for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. 4. C 2012 -370 Communication (08/23/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Gilbert L. Tabalno, for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. I. COMMITTEE REPORTS: 1. PLANNING COMMITTEE REPORT: a. CR -PL 2012 -07: on PL 2012 -02 Communication (07/31/2012) from Committee Chair Nakamura, requesting the presence of the Planning Director to provide a briefing on agricultural subdivisions in the County of Kauai. [Received for the Record.] 2. PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE REPORT: a. CR -PSE 2012 -08: on PSE 2012 -05 Communication (08/13/2012) from Committee Chair Rapozo, requesting the presence of the Chief of Wastewater Division to provide a briefing on the Administration's efforts to address concerns regarding the foul odor coming from the Wailua Wastewater facility at the entrance of the Wailua Houselots subdivision and to include an anticipated timeline to correct the problem. [Received for the Record.] Council Meeting Agenda -5- September 5, 2012 3. FINANCE / PARKS & RECREATION / PUBLIC WORKS PROGRAMS COMMITTEE REPORT: a. CR -FPP 2012 -11: on Bill No. 2440 A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA`I COUNTY CODE 1987, AS AMENDED RELATING TO REAL PROPERTY TAX [Approved.] 4. COMMITTEE OF THE WHOLE: a. CR -COW 2012 -18: on Bill No. 2438 b. CR -COW 2012 -19: on Bill No. 2441 c. CR -COW 2012 -20: on Bill No. 2442 J. BILLS FOR FIRST READING: 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 [Received for the Record.] 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 [Approved.] 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 TRUST FUNDS [Approved.] 1. Proposed Draft Bill (No. 2446) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 17A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO BUS FARES 2. Proposed Draft Bill (No. 2447) — 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 AMOUNTS ESTIMATED IN THE GENERAL FUND - CIP Council Meeting Agenda -6- September 5, 2012 3. Proposed Draft Bill (No. 2448) — 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 AMOUNTS ESTIMATED IN THE GENERAL FUND 4. Proposed Draft Bill (No. 2449) — 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 ADDING A NEW BUDGET PROVISO AND AMENDING AN EXISTING BUDGET PROVISO IN THE CAPITAL BUDGET RELATING TO PROJECTS FUNDED WITH COMMUNITY FACILITIES DISTRICT BONDS K. BILLS FOR SECOND READING: 1. 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 (See also CR -COW 2012 -18; the Committee of the Whole recommended Bill No. 2438 be received for the record.) 2. Bill No. 2440 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED RELATING TO REAL PROPERTY TAX (See also CR -FPP 2012 -11; the Finance /Parks & Recreation /Public Works Programs Committee recommended approval, on second and final reading.) 3. 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 (See also CR -COW 2012 -19; the Committee of the Whole recommended approval, on second and final reading.) 4. 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 TRUST FUNDS (See also CR -FPP 2012 -20; the Committee of the Whole recommended approval, on second and final reading.) L. 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.) Council Meeting Agenda -7- September 5, 2012 1. ES -570 Pursuant to Haw.Rev.Stat. § §92 -4 and 92- 5(a)(4), (6) and (8), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide the Council with a briefing on Kaua'i Police Commission, et al. vs. Bernard P. Carvalho, Jr., in his official capacity as the Mayor of the County of Kaua'i, Civil No. 12 -1 -0229 (Fifth Circuit Court), 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. M. ADJOURNMENT. N. 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. ,qov/ Government/ CountyCouncil /CouncilA,-endasandPublicHearin .-Notices /tabid /73/Default.aspx 1. Bill No. 2443 — A BILL FOR AN ORDINANCE AMENDING SECTION 6 -5.1 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PAYMENT TO COUNTY BY CHECK OR NEGOTIABLE INSTRUMENT, S UBSEQ UENTL Y DISHONORED 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.