HomeMy WebLinkAbout10-10-2012 Council Meeting (aa)COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, OCTOBER 10, 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. August 15, 2012 Special Council Meeting
2. September 5, 2012 Council Meeting
3. September 19, 2012 Special Council Meeting
4. September 19, 2012 Public Hearing re: Bill No. 2447 and Bill No. 2448
5. September 26, 2012 Public Hearing re: Bill No. 2444, Bill No. 2445,
Bill No. 2446 and Bill No. 2449
E. SPECIAL ORDER OF THE DAY:
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. (Pursuant
to Council Rule 5(C), Council absence at 10/03/2012 Special
Council Meeting, insufficient votes to carry a motion, special
order of the day at the next meeting.)
F. CONSENT CALENDAR:
1. C 2012 -391 Communication (09/26/2012) from Councilmember Kuali`i,
providing written disclosure of a possible conflict of interest and
recusal, relating to the request for the Prosecuting Attorney to
apply for, receive and expend Non - Compliant Sexual Offender
Unit Federal Funds, due to his employment with the YWCA.
Council Meeting Agenda 2 October 10, 2012
2. C 2012 -392 Communication (09/13/2012) from Councilmember Bynum
providing written disclosure of a possible conflict of interest and
recusal, relating to C 2012 -389 and ES -576 on the October
3, 2012 Special Council Meeting regarding Tim Bynum vs.
County of Kauai, et. al., Civil No. CV12 -00523 RPL (U.S.
District Court).
3. C 2012 -406 Communication (09/13/2012) from the County Engineer,
transmitting for council consideration a traffic resolution which
establishes, "No Parking At Any Time - Fire Lane" and "Tow
Away Zone" at the County of Kaua`i's Pi'ikoi and Ka-pule
Buildings at the Lihu`e Civic Center, Lihu'e District (See
Resolution No. 2012 -53).
4. C 2012 -393 Communication (09/10/2012) from the Planning Director,
transmitting for consideration, the Planning Commission's
recommendation to amend the conditions in Ordinance
No. PM- 175 -88, Princeville, Kauai, Tax Map Key
No.: (4) 5 -4- 024:020 (Princeville SC Development, LLC
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. 2451))
5. C 2012 -394 Communication (10/03/2012) from Council Chair,
transmitting for the consideration A Proposed Draft Bill For An
Ordinance Regarding Article 1, Chapter 19 of the Kauai County
Code 1987 As Amended, Relating To Parks and Recreation —
Prohibiting Fishing At Lydgate Beach Park Pond. (See Proposed
Draft Bill (No. 2452.))
6. C 2012 -395 Communication (10/03/2012) from Councilmember Yukimura
and Councilmember Bynum, transmitting for the consideration
a Bill For An Ordinance Relating To The Public Access, Open
Space, and Natural Resources Preservation Fund to increase the
annual allocation to the Fund from a minimum of one -half of one
percent (0.5 %) to one and one -half of one percent (1.5 %) of the
County's certified real property tax revenue. (See Proposed
Draft Bill (No. 2453.))
Council Meeting Agenda 3 October 10, 2012
7. C 2012 -396 Communication (10/03/2012) from Councilmember Nakamura,
providing written disclosure of a possible conflict of interest and
recusal relating to C 2012 -393 and Proposed Draft Bill No. 2451
regarding Princeville SC Development, LLC because her
husband provided legal representation to the parties in this
matter.
8. C 2012 -407 Communication (10/04/2012) from Councilmember Bynum,
providing written disclosure of a posible conflict of interest and
recusal relating to C 2012 -336 regarding the Keiki P.O.H.A.K.U.
Diversion Program due to his involvement in Tim Bynum vs.
Countv of Kauai. et. al.. Civil No. CV12 -00523 RPL (U.S.
District Court).
G. COMMUNICATIONS:
1. 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.
(Deferred 0912612012)
2. 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.
(Deferred 0912612012)
3. 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.
(Deferred 0912612012)
Council Meeting Agenda 4 October 10, 2012
4. C 2012 -397 Communication (09/24/2012) from the Director of Finance,
transmitting the Condition of the County Treasury Statement
quarterly report as of August 13, 2012.
5. C 2012 -398 Communication (08/23/2012) from the Chief of Police, requesting
Council consideration and approval to accept a donation of
twelve (12) sunglasses with a built in bi -focal feature to enhance
Police Officer safety, from Licia McDonald, Marketing and Sales
Representative of Hawaiian Lenses.
6. C 2012 -399 Communication (09/4/2012) from the Chief of Police, requesting
Council approval to expend approximately $140,000.00 in assest
forteiture funds (Acct No. 206 - 1001 - 551.30 -00) to purchase an
Evidence Collection Vehicle, which will replace the 2002 Ford
Explorer with vehicle mileage of 148,466.
7. C 2012 -400 Communication (09/05/2012) from the Chief of Police, requesting
Council approval to accept and expend S.T.O.P. Violence Against
Women Grant funds in the amount of $63,871.00 to be used for a
Sexual Assault Nurse Examiner (SANE) Coordinator, non -
reporting SANE examinations, and SANE standby pay, and to
indemnify the State of Hawaii, Department of the Attorney
general.
8. C 2012 -401 Communication (09/11/2012) from the Civil Defense Agency,
requesting Council approval to receive and expend grant funds
from the U.S. Department of Homeland Security, via the State
of Hawaii Department of Defense in the amount of $359,925.00,
to be used for the FY 2012 State Homeland Security Program
which will enhance the capability of State and local units of
government to prevent, deter, respond to and recover from,
threats and incidents of terrorism, and to continue to provide
support to the Citizen Corps Councils.
9. C 2012 -402 Communication (09/20/2012) from the Executive on Aging,
requesting Council approval to receive and expend State of
Hawaii funds and to indemnify the State of Hawaii Executive
Office on Aging (for additional Kupuna Care funding from the
State Legislature in the amount of $275,946.00).
Council Meeting Agenda 5 October 10, 2012
H. LEGAL DOCUMENT:
1. 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
(Deferred 0912612012)
2. C 2012 -403 Communication (09/26/2012) from the Director of Parks &
Recreation, recommending Council approval to make
adjustments to the Lydgate- Kapa`a Shared -Use Path Kapa`a
Sands Purchase Agreement, which was approved at the July
28, 2010 Council Meeting, which will result in the anticipated
savings of approximately $17,000.00 for the facility relocation
services required in the Purchase Agreement.
• Warranty Deed (TMK (4) 4 -3- 002:02)
I. CLAIMS:
1. C 2012 -404 Communication (09/17/2012) from the Deputy County Clerk,
transmitting a claim filed against the County of Kauai by
Allstate Insurance Company as subrogee Larry Morris, for
damage to his vehicle, pursuant to Section 23.06 Charter of the
County of Kauai.
2. C 2012 -405 Communication (09/17/2012) from the Deputy County Clerk,
transmitting a claim filed against the County of Kauai by
Hawaii Telecom, for damage to their facility, pursuant to
Section 23.06, Charter of the County of Kauai.
Council Meeting Agenda 6
J. COMMITTEE REPORTS:
1. PLANNING COMMITTEE REPORT:
a. CR -PL 2012 -08: on PL 2012 -04
October 10, 2012
Communication (09/05/2012) from
Committee Chair Nakamura,
requesting the presence of the Open
Space Commission Chair or the
Chair's designee to provide a briefing
on the Hoban property and other
priority projects. [Received for the
Record.]
2. HOUSING / TRANSPORTATION / ENERGY CONSERVATION &
EFFICIENCY COMMITTEE REPORT:
a. CR -HTE 2012 -11: on 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)
[Approved.]
3. FINANCE / PARKS & RECREATION / PUBLIC WORKS PROGRAMS
COMMITTEE REPORT:
a. CR FPP 2012 -12: on 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,
SUBSEQUENTLY DISHONORED
(Cost Control Commission
Recommendation) [Approved.]
Council Meeting Agenda 7 October 10, 2012
4. COMMITTEE OF THE WHOLE REPORT:
a. CR -COW 2012 -23: on Bill No. 2449
K. RESOLUTIONS:
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. [Approved.]
1. Resolution No. 2012 -53, RESOLUTION ESTABLISHING A
NO- PARKING AT ANY TIME -FIRE LANE AND A TOW AWAY ZONE AT THE
COUNTY OF KAUA`I'S PI'IKOI AND KAPULE BUILDINGS, LIHU`E CIVIC
CENTER, LIHU`E DISTRICT, COUNTY OF KAUAI
L. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2451) — A BILL FOR AN ORDINANCE
REGARDING AMENDING ZONING CONDITIONS IN ORDINANCE NO. PM -175-
88, RELATING TO ZONING DESIGNATION IN PRINCEVILLE, KAUAI.
(Princeville SC Development, LLC, Applicant)
2. Proposed Draft Bill (No. 2452) — A BILL FOR AN ORDINANCE REGARDING
ARTICLE 1, CHAPTER 19 OF THE KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO PARKS AND RECREATION PROHIBITING FISHING AT LYDGATE
BEACHPARKPOND
3. Proposed Draft Bill No. 2453) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 6 ARTICLE 14 KAUAI COUNTY CODE 1987, AS
AMENDED RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND
NATURAL RESOURCES PRESERVATION FUND
M. BILLS FOR SECOND READING:
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,
SUBSEQUENTLY DISHONORED (Cost Control Commission Recommendation)
See also CR -FPP 2012 -12; the Finance / Parks & Recreation / Public Works
Programs Committee recommended approval on second and final reading.)
Council Meeting Agenda 8 October 10, 2012
2. 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) (See also CR -HTE 2012 -11; the
Housing / Transportation / Energy Conservation & Efficiency Committee
recommended approval on second and final reading.)
3. 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 (See also CR -COW 2012 -23; the Committee of the
Whole recommended approval on second and final reading.)
N. 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)
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
Kauai 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.
(Deferred 0912612012)
0. ADJOURNMENT.
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,
4396 RICE STREET, SUITE 209, LIHU`E, KAUAI. TELEPHONE
NO. (808) 241 -4188. FACSIMILE NO. 241 -6349