HomeMy WebLinkAbout09-26-2012 Council Meeting (ds)COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, OCTOBER 3, 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. Council Meeting of August 22, 2012
2. Special Council Meeting of August 29, 2012
3. Council Workshop of September 6, 2012
E. CONSENT CALENDAR:
1. C 2012 -371 Communication (08/21/2012) from the Planning Director,
transmitting for Council consideration, the Planning
Commission's recommendation to amend the Zoning
Designation in Lihu`e, Kauai, from "Open District (0)" to
"Residential District (R -1) /Special Treatment — Public District
(ST -P)," Tax Map Key: (4) 3 -8 -005: Portion, Lihu`e, Kauai.
Department of Water, County of Kauai, Applicant, (Copies of
Planning Department's map delineating the subject site, Staff
Report covering the amendment requests, Applicant's petition,
and Public Hearing Transcripts on file in the County Clerk's
Office.) (See Proposed Draft Bill (No. 2450)).
2. C 2012 -372 Communication (09/20/2012) from Councilmember Kuali`i,
transmitting for Council consideration a Resolution urging the
2013 Hawaii State Legislature to repeal Chapter 171C of the
Hawaii Revised Statutes (Act 55, Session Laws of Hawaii 2011)
relating to the Department of Land and Natural Resources and
the Public Land Development Corporation (PLDC) (See
Resolution No. 2012 -52).
Council Meeting Agenda 2 September 26, 2012
F. COMMUNICATIONS:
1. C 2012 -336 Communication (07/20/2012) from the Prosecuting Attorney,
requesting Council approval to apply, receive and expend State
of Hawaii, Office of Youth Services funds for the Keiki
P.O.H.A.K.U. Diversion Program in the amount of $35,000.00,
and approval to indemnify the State of Hawaii, Office of Youth
Services for the term commencing August 15, 2012.
(Deferred 0810812012)
2. 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.
(Deferred 0910512012)
3. C 2012 -373 Communication (08/08/2012) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend
Non - Compliant Sexual Offender Unit Federal funds in the
amount of $145,000.00, and approval to indemnify the State of
Hawaii, Department of the Attorney General, for salaries,
fringe, and operational expenses for the Office of the Prosecuting
Attorney Non - Compliant Sex Offender Unit for the term
commencing December 1, 2012.
4. C 2012 -374 Communication (08/08/2012) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend
Federal funds for the Kauai Open Drug Market in the amount
of $75,000.00, to be used for overtime, consultant fees, training,
office supplies, and information for the Office of the Prosecuting
Attorney, Kauai Drug Market Initiative, for the term
commencing December 1, 2012 and to indemnify the State of
Hawaii, Department of Attorney General.
5. C 2012 -375 Communication (08/21/2012) from the Chief of Wastewater
Division, requesting Council approval to apply for, receive, and
expend Federal Environmental Protection Agency (EPA) grant
funds in the amount of $970,000.00, with a 45% local (County in-
kind) and 55% Federal match, for final design and construction
following completion of the NEPA document, and planning and
preliminary design work for the Waimea Wastewater Treatment
Plant Expansion R -1 Distribution System.
Council Meeting Agenda 3 September 26, 2012
6. C 2012 -376 Communication (08/24/2012) from the Environmental Services
Management Engineer, requesting Council approval to accept a
one -year trial of the "Catalog Choice for Communities" program
valued at $3,500.00 to assist Kauai County residents with
eliminating unwanted mailings through a web -based opt -out
system, free of charge with no obligation to renew for a second
year.
7. C 2012 -377 Communication (08/23/2012) from the Chief of Roads Division,
requesting Council approval to purchase an Ace
Welder /Acetylene Oxygen Cutting Unit Equipment to assist the
repair and maintenance operations of the Bridge Maintenance
and Traffic Signs Markings Branch of the Special Construction
Section, estimated at approximately $5,617.66, which is
available in the Roads Division's Operating account.
S. C 2012 -378 Communication (08/23/2012) from the Chief of Roads Division,
requesting Council approval to replace one (1) Tree Wood
Chipping Machine (Eq. No. 211C) that is currently essential to
operations, estimated at $38,140.00, which is available in the
Roads Division's Operating account.
9. C 2012 -379 Communication (08/29/2012) from the Environmental Services
Management Engineer, requesting Council approval to accept a
grant not to exceed $100,000.00 from the State Department of
Health for Electronic Device Recycling including community
collections, education and outreach, and reporting activities.
10. C 2012 -380 Communication (09/20/2012) from Councilmember Rapozo,
requesting Council approval to include a proposed Bill for an Act
relating to the Public Land Development Corporation (PLDC) in
the 2013 Hawaii State Association of Counties (HSAC) and
County of Kauai Legislative Package.
11. C 2012 -381 Request from the Office of the County Attorney for authorization
to expend up to $10,000.00 for special counsel's continued
representation of the Office of the Prosecuting Attorney
concerning the P.O.H.A.K.U. Program, and related matters.
Council Meeting Agenda 4 September 26, 2012
G. LEGAL DOCUMENT:
1. C 2012 -382 Communication (08/29/2012) from the Director of Parks &
Recreation, recommending Council approval to acquire Lots D -2
and E -2, Niulani Tract, Waipouli, Kawaihau, Kauai, for use as
part of the Lydgate- Kapa`a Shared -Use Path, estimated
at $17,992.75 ($6,300.00 for Lot D -2 (201 SF), $8,800.00 for
Lot E -2 (281 SF), $2,260.00 for utility easements and $632.75 for
closing costs, including title insurance, escrow, and fees).
• Warranty Deed (TMK (4) 4 -3- 009:71)
2. C 2012 -383 Communication (08/29/2012) from the Director of Parks &
Recreation, requesting Council approval to acquire Lot B -2,
Niulani Tract, Waipouli, Kawaihau, Kauai, for use as part of
the Lydgate- Kapa`a Shared -Use Path, estimated at $3,539.00
($3,000.00 for Lot B -2 (86 SF) and $539.00 for closing costs,
including title insurance, escrow, and fees.).
• Warranty Deed (TMK (4) 4 -3- 009:38)
3. C 2012 -384 Communication (08/24/2012) from the County Engineer,
recommending Council approval of the following relating to
Mehana Road, `Ele`ele, K61oa, Kauai:
• Mutual Cancellation of Quitclaim and Warranty Deed
(Lots 17 and 18),
• Mutual Quitclaim Deed with grantor being County of
Kauai and State of Hawaii for Parcel B -1,
• Mutual Quitclaim Deed with grantor being County of
Kauai and State of Hawaii for Parcel B -2,
• Mutual Quitclaim Deed with grantor being County of
Kauai and State of Hawaii for Parcel C.
4. C 2012 -385 Communication (08/28/2012) from the Civil Defense Manager,
recommending Council approval for the second amendment,
five (5) year lease agreement between the County of Kauai and
Bank of Hawaii, Trustee of the Kukuiolono Park Trust Estate,
which extends the lease of the County's 800 MHz radio site
located at Kukuiolono Park in Kalaheo, Kauai, Hawaii, for
emergency radio communications for the County of Kauai,
which license fee will be paid in incremental increases of three
percent (3 %) each year for the five (5) year period commencing
July 1, 2012.
• Second Amendment of License Agreement
Council Meeting Agenda 5 September 26, 2012
5. C 2012 -386 Communication (09/14/2012) from the Housing Director,
requesting Council approval of the following:
• Purchase Agreement between County of Kauai and
Westridge Properties LLC, for the Purchase of Real
Property identified as Parcel 1 TMK (4) 3- 6- 09 -01, and
Parcel 2 TMK (4) 3 -6- 304 -09, Lihu`e, Kauai, Hawaii.
(Copies of Exhibits B, C, D and E are on file in the
County Clerk's Office.)
H. CLAIMS:
1. C 2012 -387 Communication (08/28/2012) from the Deputy County Clerk,
transmitting a claim filed against the County of Kauai by
Manuel J. Soares, for damage to his vehicle, pursuant to
Section 23.06 Charter of the County of Kauai.
2. C 2012 -388 Communication (08/28/2012) from the Deputy County Clerk,
transmitting a claim filed against the County of Kauai by
Melvin Manibog, for damage to his vehicle, pursuant to
Section 23.06 Charter of the County of Kauai.
I. COMMITTEE REPORTS:
1. COMMITTEE OF THE WHOLE REPORT:
a. CR -COW 2012 -21: on 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 [Approved.]
b. CR -COW 2012 -22: on 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
[Approved.]
Council Meeting Agenda 6 September 26, 2012
J. RESOLUTIONS:
1. Resolution No. 2012 -52, RESOLUTION URGING THE 2013 HAWAII
STATE LEGISLATURE TO REPEAL CHAPTER 171C OF THE HAWAII
REVISED STATUTES (ACT 55, SESSION LAWS OF HAWAII 2011) RELATING
TO THE DEPARTMENT OF LAND AND NATURAL RESOURCES AND THE
PUBLIC LAND DEVELOPMENT CORPORATION (PLDC)
K. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2450) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO
ZONING DESIGNATION IN LIHU`E, KAUAI (Department of Water, County of
Kauai, Applicant)
L. BILLS 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
(Deferred 812212012)
2. 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 (See also CR- COW - 2012 -21; the
Committee of the Whole recommended approval, on second and final reading.)
3. 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 (See also CR- COW - 2012 -22; the
Committee of the Whole recommended approval, on second and final reading.)
M. EXECUTIVE SESSION: (Pursuant to Haw. Rev. Stat. ( "H.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 26, 2012
1. ES -571 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 to allow the
Council to consult with the County Attorney regarding how the
Kaua'i Police Department conducts its operations involving
surveillance helicopters, 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 -572 Pursuant to HRS sections 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 with the
Council, to allow Council to consult with the County Attorney
regarding the claim against the County by Keith K. H. Young
and Sylvia J. Luke, of the law firm of Cronin, Fried, Sekiya,
Kekina & Fairbanks, on behalf of Jeffery Sampoang, filed on
July 31, 2012, and previously on the Council's Agenda as
C 2012 -351, 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.
3. ES -573 Pursuant to HRS sections 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 with the
Council, to allow Council to consult with the County Attorney
regarding the claim against the County by Verna Rita, filed on
July 10, 2012, and previously on the Council's Agenda as
C 2012 -353, 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.
4. ES -575 Pursuant to Haw.Rev.Stat. § §92 -4, 92- 5(a)(4), and Kauai
County Charter section 3.07(E), the purpose of this executive
session is to provide the Council with a briefing on 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.
Council Meeting Agenda 8 September 26, 2012
N. ADJOURNMENT.
O. 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.
1. Bill No. 2444 —A BILL FOR AN ORDINANCE AMENDING SECTION 5A -63, KAUAI COUNTY
CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX
2. Bill No. 2445 — AN ORDINANCE AMENDING ORDINANCE NO. B -2012 -736, AS AMENDED,
RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUA 7, STATE OF HAWAI `I, FOR
THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE GENERAL FUND
3. Bill No. 2446 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 17A, KAUAI COUNTY
CODE 1987, AS AMENDED, RELATING TO B US FARES
4. Bill No. 2449 — AN ORDINANCE AMENDING ORDINANCE NO. B- 2012 -737, AS
AMENDED,RELA TING 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
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. govI Government/ CounUCouncil/ CouncilAgendasandPublicHearingNotices ltabid /73 /Default. aspx
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
4396 RICE STREET, SUITE
NO. (808) 241 -4188.
209,
September 26, 2012
LIHU`E, KAUAI, TELEPHONE