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Home My WebLink About01-11-2012 Council Meeting Agenda (ds)COUNCIL MEETING NOTICE AND AGENDA WEDESDAY, JANUARY 11, 2012 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 Lihu`e, Kauai, Hawaii 96766 MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Council Meeting of November 16, 2011 Council Meeting of December 1, 2011 CONSENT CALENDAR: C 2012 -01 Communication (12/02/2011) from the Chief, Building Division, transmitting for Council information, the Monthly Report on Building Permit Information for the Month of November 2011, which includes the following: 1) Building Permit Processing Report 2) Building Permit Estimated Value Summary 3) Building Permits Tracking Report 4) Building Permits Status C 2012 -02 Communication (12/07/2011) from the Planning Director, transmitting for Council consideration, proposed amendments to Chapter 8 of the Kauai County Code 1987, to allow solar energy facilites as generally permitted uses within the Agriculture Zoning District. (copy of Planning Staff Report, exhibits, Planning Commission minutes, and Agency Comments on file in the County Clerk's Office.) (See Proposed Draft Bill (No. 2424)) 0 Council Meeting Agenda January 11, 2012 C 2012 -03 Communication (12/30/2011) from Councilmember Chang, providing written disclosure on the record of a possible conflict of interest relating to EDR 2011 -5, relating to a post race update on the 2011 Kauai Marathon, due to his position as the owner of Wala`au Productions, which tapes and airs footage of the Kauai Marathon. C 2012 -04 Communication (01/05/2012) from the Council Chair, providing written disclosure on the record of a possible conflict of interest relating to the Mayoral Appointment of Jan Kimura to the Planning Commission, because Mr. Kimura is a landscape contractor of the Princeville Community Association, of which the Chair is a member. COMMUNICATIONS: C 2012 -05 Communication (11/23/2011) from the Director of Parks and Recreation, requesting agenda time to present to the Council a Quarterly Report covering the period of July — September 2011 regarding the Multi -Use Path. C 2012 -06 Communication (12/02/2011) from the Council Chair, requesting the presence of Ed Renaud, Roads Administrator, to provide the Council with an update on the status of Islandwide Road Resurfacing Projects. C 2012 -07 Communication (12/06/2011) from the Anti -Drug Coordinator, requesting Council approval to accept a $14,000.00 donation from proceeds of the Mayor's Cup Halloween Golf Tournament to be used for underage drinking and anti -drug projects. C 2012 -08 Communication (12/06/2011) from the Council Vice Chair, requesting the presence of Shaylene Iseri - Carvalho, Prosecutor, to provide the Council with an update on the status of the Victim Witness Program and Office of the Prosecuting Attorney as it relates to: 1) Case backlog caused by furloughs. 2) Funding — how utilized and whether sufficient to address concerns. 3) Levels of staffing and level of service for the Victim Witness program. 4) Caseload open, closed and pending. 3 Council Meeting Agenda January 11, 2012 C 2012 -09 Communication (12/07/2011) from the Anti -Drug Coordinator, requesting Council approval to receive and expend a donation from Steven Kurokawa in the amount of $100.00 for the proposed Adolescent Treatment Facility. C 2012 -10 Communication (12/09/2011) from the Chief of Police, requesting Council consideration and approval to expend approximately $140,000.00 of asset forfeiture funds, to purchase an Evidence Collection Vehicle, which will be delivered fully equiped to meet current needs in evidence idenfication and collection, and allow for future expansion, to replace the current 2002 Ford Explorer. C 2012 -11 Communication (12/15/2011) from the Cost Control Commisssion, transmitting for Council information the County Cost Control Commission 2011 Annual Report, in conformance with the requirements of Section 28.05, Kauai County Charter. C 2012 -12 Communication (12/15/2011) from the Mayor, transmitting for Council consideration and confirmation the following Mayoral appointees to the various Boards and Commissions for the County of Kauai: (copies of applications on file in the Clerk's Office) (1) Charter Review Commission Carol Suzawa — term ending 12/31/2014 (2) Civil Service Commission Catherine Adams — term ending 12/31/2014 (3) Cost Control Commission Arryl Kaneshiro — term ending 12/31/2014 Sandra Sterker — term ending 12/31/2014 (4) Fire Commission Jesse Fukushima — term ending 12/31/2014 (5) Liquor Control Commission Gary Pacheco — term ending 12/31/2014 Clifford Nakea — term ending 12/31/2014 (6) Planning Commission Hartwell Blake — term ending 12/31/2014 (7) Salary Commission Charles King — term ending 12/31/2014 C! Council Meeting Agenda January 11, 2012 C 2012 -13 Communication (12/30/2011) from the Council Chair, requesting agenda time for Senator Kouchi and Representative Tokioka to brief the Council on the status of State funding in the amount of $950,000.00 for the Wailua Emergency Bypass Improvements. LEGAL DOCUMENTS: C 2012 -14 Communication (12/01/2011) from the Director of Parks and Recreation, recommending Council approval to provide access to property owned by Kapa`a Sands for construction of Lydgate Park to Kapa`a Bike /Pedestrian Path along Papaloa Road. The current document executed in 2010 has expired. • Right -of -Entry and License Agreement by the Assocation of Apartment Owners of Kapa`a Sands for the Lydgate- Kapa`a Shared Use Path at Kapa`a Sands (TMK 4 -4 -3- 02:02) C ,AT1VMR C 2012 -15 Communication (12/16/2011) from the Interim County Clerk, transmitting a claim filed against the County of Kauai by Enterprise Car Rental, for damage to their vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2012 -16 Communication (12/28/2011) from the Interim County Clerk, transmitting a claim filed against the County of Kauai by Brenda Sherman for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: HOUSING / TRANSPORTATION / ENERGY CONSERVATION & EFFICIENCY COMMITTEE REPORT: CR -HTE 2012 -01: on HTE 2011 -05 Communication (12/19/2011) from Committee Chair Yukimura, requesting the presence of David Craddick, Manager & Chief Engineer, Department of Water, to brief the Council on the Department's accomplishments in terms of reducing water and energy consumption, plans for the future, and an update of the $60 million Department of Water Bond CIP projects. [Received for the record.] Council Meeting Agenda CR -HTE 2012 -02: on HTE 2011 -03 5 January 11, 2012 Communication (12/01/2011) from Committee Chair Yukimura, requesting the presence of Ms. Stephanie Fernandes, Kauai Economic Opportunity, Inc., to provide a presentation and update on the state of homelessness on Kauai. A portion of the presentation will address the following: 1. The nature and status of homelessness on Kauai; 2. Whether or not homelessness is a growing or decreasing problem; and 3. What efforts are being done to prevent or decrease the problem of homelessness. and HTE 2011 -04 Communication (12/01/2011) from Committee Chair Yukimura, requesting the presence of Eugene Jimenez, Housing Director, to provide a presentation and update on the state of homelessness on Kauai. A portion of the presentation will address the following: 1. The nature and status of homelessness on Kauai; 2. Whether or not homelessness is a growing or decreasing problem; and 3. What efforts are being done to prevent or decrease the problem of homelessness. [Received for the record.] ECONOMIC DEVELOPMENT & RENEWABLE ENERGY STRATEGIES COMMITTEE REPORT: CR -EDR 2012 -01: on EDR 2011 -04 Communication (12/20/2011) from Committee Chair Chang, requesting the presence of Ms. Sue Kanoho, Executive Director, Kauai Visitors Bureau (KVB), to provide an update on KVB's efforts to promote tourism on Kauai, relating to Ordinance B 2011 -724, and the economic stimulus grant in the amount of $200,000.00. [Received for the record.] n Council Meeting Agenda January 11, 2012 CR -EDR 2012 -02: on EDR 2011 -05 Communication (12/20/2011) from Committee Chair Chang, requesting the presence of Mr. Bob Craver, Executive Director, The Kauai Marathon, to provide a post race report on the 2011 Kauai Marathon. [Received for the record.] RESOLUTIONS: Resolution No. 2012 -01, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF ETHICS (Calvin Murashige) Resolution No. 2012 -02, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE POLICE COMMISSION (Donald Okami, Sr.) Resolution No. 2012 -03, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE BOARD OF REVIEW (Russell Kyono) Resolution No. 2012 -04, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE PLANNING COMMISSION (Jan Kimura) Resolution No. 2012 -05, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE CIVIL SERVICE COMMISSION (Catherine Adams) Resolution No. 2012 -06, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE FIRE COMMISSION (Jesse Fukushima) Resolution No. 2012 -07, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE COST CONTROL COMMISSION (Arryl Kaneshiro) Resolution No. 2012 -08, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE COST CONTROL COMMISSION (Sandra Sterker) Resolution No. 2012 -09, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Gary Pacheco) Resolution No. 2012 -10, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Clifford Nakea) ri Council Meeting Agenda January 11, 2012 Resolution No. 2012 -11, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE PLANNING COMMISSION (Hartwell Blake) BILLS FOR FIRST READING: Proposed Draft Bill (No.2424) — A BILL FOR AN ORDINANCE TO ALLOW SOLAR ENERGY FACILITIES IN THE AGRICULTURE DISTRICT ADJOURNMENT. 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 Attorneys Office and /or the County Clerk's Office. Discussions held in Executive Session are closed to the public.) ES -521 Pursuant to HRS sections 92 -4, 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 on Contract No. 8475 between Lawai`a Kauai LLC and the County of Kauai . 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. 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. (808) 241 -4188.