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HomeMy WebLinkAbout11-14-2012 Council Meeting (aa)COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, NOVEMBER 14, 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. October 3, 2012 Special Council Meeting 2. October 10, 2012 Council Meeting 3. October 24, 2012 Public Hearing re: Bill No. 2450 E. CONSENT CALENDAR: 1. C 2012 -422 Communication (10/12/2012) from the Chief, Engineering Division, Department of Public Works, transmitting for Council approval, a Resolution establishing a School Bus Stop on K61oa Road in the vicinity of Honuhonu Place, K61oa District, as requested by Ms. Julie Simonton, with concurrence from Mr. Hughes Ebinger, Department of Education, Bus Transportation Services. (See Resolution No. 2012 -54) 2. C 2012 -423 Communication (10/16/2012) from the Chief, Engineering Division, Department of Public Works, transmitting for Council approval, a Resolution establishing "No Parking At Any Time" along a portion of Po`ipu Road between the Grand Hyatt Employee Parking Lot entrance and its intersections with Pe`e Road, as requested by Mr. Adrian M. Beltran, President of the Po`ipu Kai Association. (See Resolution No. 2012 -55) Council Meeting Agenda 2 November 14, 2012 3. C 2012 -424 Communication (10/17/2012) from the Chief, Engineering Division, Department of Public Works, transmitting for Council approval, a Resolution repealing Resolution No. 2005 -61, relating to School Bus Stops on Akalei Street and Lilia Street, and establishing new School Bus Stops on Pualei Street and Lilia Street, `Ele`ele Nani Subdivision, K61oa District, as requested by Ms. Caroline Bigno, with concurrence from Mr. Hughes Ebinger, Department of Education, Bus Transportation Services. (See Resolution No. 2012 -56) 4. C 2012 -425 Communication (10/17/2012) from the Chief, Engineering Division, Department of Public Works, transmitting for Council approval, a Resolution repealing Item Five (5) of Section 1, Resolution No. 54 -91, and establishing a new maximum speed limit of ten miles per hour (10 MPH) and twenty -five miles per hour (25 MPH) along portions of Kalihiwai Road, Hanalei District. (See Resolution No. 2012 -57) 5. C 2012 -426 Communication (10/17/2012) from Councilmember Kuali`i, transmitting for Council consideration, a Resolution in support of reducing greenhouse gas pollution under the Clean Air Act. (See Resolution No. 2012 -58) 6. C 2012 -427 Communication (10/25/2012) from Councilmember Bynum, transmitting for Council consideration, a Resolution relating to the acquisition of a public access easement to Papa`a Bay. (See Resolution No. 2012 -59) 7. C 2012 -428 Communication (09/20/2012) from Council Vice Chair Yukimura, transmitting for Council consideration, a Proposed Draft Bill for an Ordinance Amending Section 19 -1.4 of the Kauai County Code 1987, as Amended, Relating to Parks and Recreation - General Prohibitions Applicable To All Parks and Recreation Facilities. (See Proposed Draft Bill (No. 2458)) 8. C 2012 -429 Communication (10/26/2012) from Council Vice Chair Yukimura, transmitting for Council consideration, a Proposed Draft Bill for an Ordinance to Amend Chapter 8, Kauai County Code 1987, relating to the Comprehensive Zoning Ordinance Special Standards For Issuance of Farm Worker Housing Use Permits. (See Proposed Draft Bill (No. 2459)) F. COMMUNICATIONS: Council Meeting Agenda 3 November 14, 2012 1. C 2012 -430 Communication (10/22/2012) from Councilmember Kuali`i and Councilmember Rapozo requesting Council approval, to submit the 2014 -2015 Western Interstate Region (WIR) Conference Request For Proposal (RFP) to apply to host the WIR Conference in May 2015. 2. C 2012 -431 Communication (10/29/2012) from Councilmember Nakamura requesting Council approval, for the public release of the County Attorney's opinion dated October 8, 2012 regarding the authority of the Office of the Prosecuting Attorney to offer a Diversion Program. 3. C 2012 -432 Communication (11/08/2012) from Councilmember Kuali`i, transmitting for Council approval, the following proposals to be included in the 2013 Kauai County Legislative Package: 1. A BILL FOR AN ACT RELATING TO ENERGY RESOURCES (proposed by Council Vice Chair JoAnn A. Yukimura) 2. A BILL FOR AN ACT RELATING TO AFFORDABLE HOUSING CREDITS (proposed by Council Vice Chair JoAnn A. Yukimura) 3. A BILL FOR AN ACT RELATING TO THE DEPARTMENT OF LAND AND NATURAL RESOURCES — Public Land Development Corporation (proposed by Councilmember KipuKai Kuali`i) 4. A RESOLUTION AND CONCURRENT RESOLUTION URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF HAWAPI TO PRESERVE THE COUNTIES' SHARE OF THE TRANSIENT ACCOMMODATIONS TAX (proposed by Council Chair Jay Furfaro) 5. A BILL FOR AN ACT RELATING TO LIABILITY (proposed by the Administration) 6. A BILL FOR AN ACT RELATING TO COLLECTIVE BARGAINING (proposed by the Administration) 4. C 2012 -433 Communication (11/08/2012) from Councilmember Kuali`i, transmitting for Council approval the following proposals to be included in the 2013 Hawaii State Association of Counties Council Meeting Agenda 4 November 14, 2012 (HSAC) Legislative Package (the Intergovernmental Relations Committee recommended approval of the following items at its meeting held on November 8, 2012; See Committee Report No. 2012 -05: 1. A BILL FOR AN ACT RELATING TO AGRICULTURAL PRODUCT BRANDING AND COUNTRY OR REGION OF ORIGIN LABELING (County of Hawaii) 2. A HOUSE CONCURRENT RESOLUTION REQUESTING THE STATE OF HAWAII CHIEF ELECTION OFFICER AND ELECTIONS COMMISSION TO ESTABLISH A MECHANISM TO MONITOR THE COUNTIES' READINESS TO CONDUCT AN ELECTION AND TO INTERVENE IF NECESSARY (County of Hawaii) 3. A BILL FOR AN ACT RELATING TO FOOD LABELING (County of Maui) 4. A BILL FOR AN ACT RELATING TO PSEUDOEPHEDRINE (City and County of Honolulu) 5. A BILL FOR AN ACT RELATING TO LANDOWNER LIABILITY (City and County of Honolulu) 6. A BILL FOR AN ACT RELATING TO VOTING (City and County of Honolulu) 7. A CONCURRENT RESOLUTION URGING THE UNITED STATES DEPARTMENT OF STATE, THE DEPARTMENT OF HOMELAND SECURITY, AND THE UNITED STATES ATTORNEY GENERAL TO EASE VISA RESTRICTIONS FOR THE PEOPLE'S REPUBLIC OF CHINA (City and County of Honolulu) 8. A RESOLUTION /CONCURRENT RESOLUTION URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF HAWAII TO PRESERVE THE COUNTIES' SHARE OF THE TRANSIENT ACCOMMODATIONS TAX (City and County of Honolulu) 9. A BILL FOR AN ACT RELATING TO HAWAII EMPLOYER -UNION HEALTH BENEFITS TRUST FUND BOARD OF TRUSTEES (City and County of Honolulu) Council Meeting Agenda 5 November 14, 2012 10. A BILL FOR AN ACT RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM (City and County of Honolulu) 11. A BILL FOR AN ACT RELATING TO ELECTRONIC WASTE RECYCLING (City and County of Honolulu) 12. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS (City and County of Honolulu) 13. A BILL FOR AN ACT RELATING TO ENERGY RESOURCES (County of Kauai) 14. A BILL FOR AN ACT RELATING TO AFFORDABLE HOUSING CREDITS (County of Kauai) 15. A BILL FOR AN ACT RELATING TO THE PUBLIC LAND DEVELOPMENT CORPORATION (HSAC Proposal) 5. C 2012 -434 Communication (11/12/2012) from the Executive on Aging, requesting Council approval to receive and expend State funds in the amount of $88,683.00 for implementing the Hawaii System Change Initiative Five Year Plan, and to indemnify the State of Hawai`I, Executive Office on Aging. (Copies of Contract and Hawaii Systems Change Initiative Five (5) Year Plan on file in the County Clerk's Office.) 6. C 2012 -435 Communication (10 /30/2012) from the Housing Director, requesting Council approval to decline the County s o tion to repurchase Unit No. 19, Villas at Puali, located at 1908 okunui Place, Li -hu`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. G. LEGAL DOCUMENTS: 1. C 2012 -385 Communication (08/28/2012) from the Civil Defense Manager, recommending Council approval of the second amendment to the five (5) year license agreement between the County of Kauai and Bank of Hawaii, Trustee of the Kukuiolono Park Trust Estate, extending the County's license for the 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 1012412012) Council Meeting Agenda 6 November 14, 2012 2. C 2012 -436 Communication (10/22/2012) from the Director of Parks and Recreation, recommending Council approval of the Katsura Purchase Agreement, Amendment No. 1, and Cancellation of Easement, TMK (4) 4 -3- 009 -042 (portion), at an additional cost of $896.00. Amendment No. 1 To Purchase Agreement Cancellation of Easement H. CLAIMS: 1. C 2012 -437 Communication (10/19/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Hawaii Telecom for property damage, pursuant to Section 23.06, Charter of the County of Kauai. 2. C 2012 -438 Communication (10/22/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Raymond Desjardins for property damage, pursuant to Section 23.06, Charter of the County of Kauai. 3. C 2012 -439 Communication (10/23/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Hawaii Pacific Trenchless Inc. for services rendered, pursuant to Section 23.06, Charter of the County of Kauai. 4. C 2012 -440 Communication (10/30/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by James Fain for property damage, pursuant to Section 23.06, Charter of the County of Kauai. 5. C 2012 -441 Communication (10/30/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Joseph Furfaro for fees paid by claimant, pursuant to Section 23.06, Charter of the County of Kauai. I. COMMITTEE REPORTS: 1. PLANNING COMMITTEE REPORT: a. CR -PL 2012 -09: on 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) [Approved.] 2. INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: Council Meeting Agenda a. CR -IGR 2012 -04: on IGR 2012 -05 November 14, 2012 Communication (10/15/2012) from Mel Rapozo, Hawaii State Association of Counties (HSAC) President, requesting agenda time to discuss a proposed State Bill entitled "A BILL FOR AN ACT RELATING TO INTOXICATING LIQUOR" that the Maui County Council is considering for the 2013 Maui County Legislative Package. [Received for the record.] b. CR -IGR 2012 -05: on IGR 2012 -08 Communication (10/15/2012) from Mel Rapozo, Hawaii State Association of Counties (HSAC) President, transmitting for Council consideration the followin propposals to be included in the 2013 HSAC tegislative Package: 1. A BILL FOR AN ACT RELATING TO AGRICULTURAL PRODUCT BRANDING AND COUNTRY OR REGION OF ORIGIN LABELING (County of Hawaii) [Approved.] 2. A BILL FOR AN ACT RELATING TO THE DEFINITION OF INDIGENT AND PARTIALLY INDIGENT (County of Hawaii) [Motion to Approved, Failed.] 3. A BILL FOR AN ACT RELATING TO GALLONAGE TAX ON LIQUOR (County of Hawaii) [Received for the Record.] 4. A BILL FOR AN ACT RELATING TO FOOD LABELING (County of Hawaii) [Received for the Record.] 5. A HOUSE CONCURRENT RESOLUTION REQUESTING THE STATE OF HAWAII CHIEF ELECTION OFFICER AND ELECTIONS COMMISSION TO ESTABLISH A MECHANISM TO MONITOR THE COUNTIES' READINESS TO CONDUCT AN ELECTION AND TO INTERVENE IF NECESSARY (County of Hawaii) [Approved.] A BILL FOR AN ACT RELATING TO FOOD LABELING (County of Maui) [Approved.] A BILL FOR AN ACT RELATING TO PSEUDOEPHEDRINE (City and County of Honolulu) [Approved.] A BILL FOR AN ACT RELATING TO LANDOWNER LIABILITY (City and County of Honolulu) [Approved.] Council Meeting Agenda 8 November 14, 2012 9. A BILL FOR AN ACT RELATING TO VOTING (City and County of Honolulu) [Approved.] 10. A CONCURRENT RESOLUTION URGING THE UNITED STATES DEPARTMENT OF STATE, THE DEPARTMENT OF HOMELAND SECURITY, AND THE UNITED STATES ATTORNEY GENERAL TO EASE VISA RESTRICTIONS FOR THE PEOPLE'S REPUBLIC OF CHINA (City and County of Honolulu) [Approved.] 11. A RESOLUTION / CONCURRENT RESOLUTION URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF HAWAII TO PRESERVE THE COUNTIES' SHARE OF THE TRANSIENT ACCOMMODATIONS TAX (City and County of Honolulu) [Approved.] 12. A BILL FOR AN ACT RELATING TO HAWAII EMPLOYER -UNION HEALTH BENEFITS TRUST FUND BOARD OF TRUSTEES (City and County of Honolulu) [Approved.] 13. A BILL FOR AN ACT RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM (City and County of Honolulu) [Approved.] 14. A BILL FOR AN ACT RELATING TO ELECTRONIC WASTE RECYCLING (City and County of Honolulu) [Approved.] 15. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS (City and County of Honolulu) [Approved.] 16. A BILL FOR AN ACT RELATING TO ENERGY RESOURCES (County of Kauai) [Approved.] 17. A BILL FOR AN ACT RELATING TO AFFORDABLE HOUSING CREDITS (County of Kauai) [Approved.] 18. A BILL FOR AN ACT RELATING TO THE PUBLIC LAND DEVELOPMENT CORPORATION (HSAC Proposal) [Approved.] c. CR -IGR 2012 -06: on IGR 2012 -04 Communication (10/08/2012) from Councilmember Kuali`i, transmitting for Council Meeting Agenda d. CR -IGR 2012 -07: on IGR 2012 -06 e. CR -IGR 2012 -08: on IGR 2012 -07 J. RESOLUTIONS: 9 November 14, 2012 Council consideration a proposed Bill for Act to repeal Act 55, Session Laws of Hawaii 2011, relating to the Department of Land and Natural Resources — Public Land Development Corporation (PLDC), for inclusion in the 2013 Kauai County Legislative Package. [Approved for inclusion in the 2013 Kauai County Legislative Package.] Communication (10/16/2012) from the Mayor, transmitting for Council consideration, two (2) State Bills that did not pass during the 2012 Legislative Session, which the Administration would like included in the 2013 Kauai County Legislative Package: • HB 1753, HD 1, Relating to Liability, with testimony [Approved for inclusion in the 2013 Kauai County Legislative Package.] • HB 2627, HD1, Relating to Collective Bargaining, with testimony [Approved for inclusion in the 2013 Kauai County Legislative Package.] Communication (10/18/2012) from Council Chair Furfaro, transmitting for Council consideration, proposed State Resolutions and Concurrent Resolutions urging the Governor and the Hawaii State Legislature to preserve the Counties' share of the Transient Accommodations Tax, for inclusion in the 2013 Kauai County Legislative Package. [Approved for inclusion in the 2013 Kauai County Legislative Package.] 1. Resolution No. 2012 -54, RESOLUTION ESTABLISHING A SCHOOL BUS STOP ON KOLOA ROAD, IN THE VICINITY OF ITS INTERSECTION WITH HONUHONU PLACE, KOLOA DISTRICT 2. Resolution No. 2012 -55, RESOLUTION ESTABLISHING NO PARKING AT ANY TIME ALONG PORTIONS OF PO`IPU ROAD IN THE KOLOA DISTRICT 3. Resolution No. 2012 -56, RESOLUTION REPEALING RESOLUTION NO. 2005 -61 AND ESTABLISHING TWO (2) NEW SCHOOL BUS STOPS ON Council Meeting Agenda 10 November 14, 2012 PUALEI STREET AND LILIA STREET, `ELE`ELE NANI SUBDIVISION, KOLOA DISTRICT 4. Resolution No. 2012 -57, RESOLUTION REPEALING ITEM FIVE (5), SECTION I OF RESOLUTION NO. 54 -91, RELATING TO THE MAXIMUM SPEED LIMIT OF TWENTY -FIVE MILES PER HOUR (25 MPH) ON KALIHIWAI ROAD, AND ESTABLISHING NEW MAXIMUM SPEED LIMITS OF TEN MILES PER HOUR (10 MPH) AND TWENTY -FIVE MILES PER HOUR (25 MPH) ALONG PORTIONS OF KALIHIWAI ROAD, HANALEI DISTRICT 5. Resolution No. 2012 -58, RESOLUTION IN SUPPORT OF REDUCING GREENHOUSE GAS POLLUTION UNDER THE CLEAN AIR ACT 6. Resolution No. 2012 -59, RESOLUTION RELATING TO THE ACQUISITION OF A PUBLIC ACCESS EASEMENT TO PAPA`A BAY K. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2458) - A BILL FOR AN ORDINANCE AMENDING SECTION 19 -1.4 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PARKS AND RECREATION (General Prohibitions Applicable To All Parks And Recreation Facilities) 2. Proposed Draft Bill (No. 2459) - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Special Standards For Issuance Of Farm Worker Housing Use Permits) 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 (See also CR -PL 2012 -06; the Planning Committee recommended approval on second and final reading.) (Deferred 9/26/12) 2. Bill No. 2450 - A BILL FOR AN ORDINANCE REGARDING AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO ZONING DESIGNATION IN LIHU`E, KAUAI (Department of Water, County of Kauai, Applicant) (See also CR -PL 2012 -09; the Planning Committee recommended approval on second and final reading.) M. 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 Council Meeting Agenda 11 November 14, 2012 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. x'92 -4 and shall be limited to those items described in H.R.S. x'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.) N. ADJOURNMENT. 0. 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.�,-ovI Government/ CountyCouncil/ CouncilA ,aendasandPublicHearingNotices /tabid/ 73 /Default.asyx 1. 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. Bill No. 2452 - AN ORDINANCE ADDING A NEW SECTION TO ARTICLE 1, CHAPTER 19 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PARKS AND RECREATION (Prohibiting Fishing at Lydgate Beach Park Pond) 3. 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 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, L1HU`E, KAUAI. TELEPHONE NO. 241 -4188. FAX NO. 241 -6349.