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HomeMy WebLinkAbout11-28-2012 Council Meeting Agenda (eb)COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, NOVEMBER 28, 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. November 9, 2012 Special Council Meeting 2. November 14, 2012 Public Hearing Re: Bill No. 2451, Bill No. 2452, and Bill No. 2453 3. November 15, 2012 Special Council Meeting E. CONSENT CALENDAR: 1. C 2012 -442 Communication (11/02/2012) from the Mayor, transmitting for Council consideration and confirmation, Mayoral appointee Harold Brown to the Fire Commission — term ending 12/31/2014. (See Resolution No. 2012 -61) F. COMMUNICATIONS: 1. C 2012 -443 Communication (11/15/2012) from Councilmember Kuali`i transmitting for Council consideration, a Resolution to support Malama Pono's efforts to eliminate Hepatitis B on Kauai through the "Hepatitis B Elimination Project" and to provide agenda time for DQ Jackson, Executive Director, Malama Pono Health Services, and Dr. Jimmy Yoon to provide a briefing on the "Hepatitis B Elimination Project." (See Resolution No. 2012 -60) Council Meeting Agenda 2 November 28, 2012 2. C 2012 -444 Communication (10/31/2012) from the Director of Parks & Recreation, requesting Council approval to accept a donation from residents John and Elizabeth von Krusenstiern in the amount of $1,500.00 for the Kalaheo Neighborhood Center Youth Sports Programs. 3. C 2012 -445 Communication (11/05/2012) from the Housing Director, requesting Council approval to decline the County's option to repurchase Unit No. 708, Ho`okena at Puhi, located at 2080 Manawalea Street, Li -hu`e, Hawaii, 96766, and to grant the owner a one -year waiver of the buyback and allow the market sale of the unit. 4. C 2012 -446 Request (11/19/2012) from the Office of the County Attorney for authorization to expend funds up to $25,000.00 to retain special counsel to represent the County of Kauai in Ricky L. Ball vs. Kauai Lagoons Resort Company, Ltd., et al., Civil No. 12 -1 -0289 JKW (Fifth Circuit Court), and related matters. 5. C 2012 -447 Communication (11/19/2012) from the Office of the County Attorney, on behalf of the Council, requesting approval to expend funds up to $15,000.00 to retain special counsel to advise and represent the County Council in matters relating to the investigation of personnel matters involving the County Auditor's Office, and related matters. 6. C 2012 -448 Communication (11/14/2012) from Councilmember Kuali`i, requesting the presence of the Director of Planning and a representative from the University Of Hawaii Sea Grant Program to provide an update on the erosion occurring at Wailua Beach and the impact that it may have on the multi -use path in that specific area. 7. C 2012 -449 Communication (11/21/2012) from Councilmember Yukimura, requesting Council approval for the public release of the County Attorney's opinion dated October 18, 2012 regarding Quality Control Standards for Solar Water Heating in the Building Code. Council Meeting Agenda 3 November 28, 2012 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 11/14/2012) H. CLAIMS: 1. C 2012 -450 Communication (11/13/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Enterprise Rent -A -Car for property damage, pursuant to Section 23.06, Charter of the County of Kauai. 2. C 2012 -451 Communication (11/16/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Joy Buccat for property damage, pursuant to Section 23.06, Charter of the County of Kauai. I. COMMITTEE REPORTS: 1. PLANNING COMMITTEE REPORTS: a. CR -PL 2012 -10: on Bill No. 2453 b. CR -PL 2012 -11: on Bill No. 2451 Bill No. 2453 A BILL FOR AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 14, KAUA'I COUNTY CODE 1987, AS AMENDED, RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND (Public Hearing held 11/14/2012) [Approved.] Bill No. 2451 A BILL FOR AN ORDINANCE AMENDING ZONING CONDITIONS IN ORDINANCE NO. PM- 175 -88, RELATING TO ZONING DESIGNATION IN PRINCEVILLE, KAUA'I (Princeville SC Development, LLC, Applicant) (Public Hearing held 11/14/2012) [Approved as Amended.] Council Meeting Agenda 4 November 28, 2012 2. FINANCE / PARKS & RECREATION / PUBLIC WORKS PROGRAMS COMMITTEE REPORTS: a. CR -FPP 2012 -13: on FPP 2012 -08 b. CR -FPP 2012 -14: on Bill No. 2452 J. RESOLUTIONS: FPP 2012 -08 Communication (10/12/2012) from the Council Chair, requesting the presence of the Director of Parks & Recreation, to provide an update and timeline relating to the relocation of the Temporary Maintenance Facility and Office Trailers at the Wailua Golf Course. [Received for the Record.] Bill No. 2452 AN ORDINANCE ADDING A NEW SECTION TO ARTICLE 1, CHAPTER 19 OF THE KAUA'I COUNTY CODE 1987, AS AMENDED, RELATING TO PARKS AND RECREATION (Prohibiting Fishing at Lydgate Beach Park Pond) (Public Hearing held 11/14/2012) [Approved.] 1. Resolution No. 2012 -55, RESOLUTION ESTABLISHING NO PARKING AT ANY TIME ALONG PORTIONS OF PO`IPU ROAD IN THE KOLOA DISTRICT (Deferred 11/14/2012) 2. Resolution No. 2012 -59, RESOLUTION RELATING TO THE ACQUISITION OF A PUBLIC ACCESS EASEMENT TO PAPA`A BAY (Deferred 11/14/2012) 3. Resolution No. 2012 -60 RESOLUTION TO SUPPORT MALAMA POND'S EFFORTS TO ELIMINATE HEPATITIS B ON KAUAI THROUGH THE "HEPATITIS B ELIMINATION PROJECT" 4. Resolution No. 2012 -61 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE FIRE COMMISSION Council Meeting Agenda 5 November 28, 2012 K. BILLS FOR SECOND READING: 1. 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 (See also CR -PL 2012 -10; the Planning Committee recommended approval on second and final reading.) 2. Bill No. 2451, Draft 1 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITIONS IN ORDINANCE NO. PM- 175 -88, RELATING TO ZONING DESIGNATION IN PRINCEVILLE, KAUAI (Princeville SC Development, LLC, Applicant) (See also CR -PL 2012 -11; the Planning Committee recommended approval as amended to Draft 1 on November 20, 2012.) 3. 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) (See also CR -FPP 2012 -14; The Finance / Parks & Recreation / Public Works Programs Committee recommended approval on second and final reading.) L. 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 Attorney's Office and /or the County Clerk's Office. Discussions held in Executive Session are closed to the public.) 1. ES -585 Pursuant to Hawaii Revised Statutes Sections 92 -4, 92- 5(a)(4), and Section 3.07(e) of the Kauai County Charter, the Office of the County Attorney requests an executive session with the Council to provide the Council with a briefing on the retention of special counsel to represent the County of Kauai in Ricky L. Ball vs. Kauai Lagoons Resort Company, Ltd., et al., Civil No. 12 -1 -0289 JKW (Fifth Circuit Court), 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. 2. ES -586 Pursuant to Hawaii Revised Statutes Sections 92 -4, 92- 5(a)(4), and Section 3.07(e) of the Kauai County Charter, on behalf of the Council, the Office of the County Attorney requests an executive session with the Council to provide the Council with a briefing on the retention of special counsel to advise and represent the County Council in matters relating to the investigation of personnel matters involving the County Auditor's Office, 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. Council Meeting Agenda 6 November 28, 2012 3. ES -587 Pursuant to Hawaii Revised Statutes Sections 92 -4, 92- 5(a)(4), and Kauai County Charter Section 3.07(E), on behalf of the Council, the Office of the County Attorney requests an executive session with the Council to provide the Council with a briefing on Kealia Kealanani Makee and Kumukumu Subdivisions and related matters to address questions related to the purported security as a mortgage. This briefing and consultation involves the 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 -588 Pursuant to Hawaii Revised Statutes Sections 92 -4, 92- 5(a)(4) and (6), 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 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, for the five (5) year period commencing July 1, 2012, 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. 5. ES -589 Pursuant to Hawaii Revised Statutes Sections 92 -4, 92- 5(a)(4), and Kauai County Charter Section 3.07(E), on behalf of the Council, the Office of the County Attorney requests an executive session for Council to consult with the County Attorney regarding the Council's public release of the County Attorney's written legal opinion dated October 18, 2012, regarding Quality Control Standards for Solar Water Heating in the Building Code, and related matters. This briefing and consultation involves the 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 7 November 28, 2012 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.gov/ Government /County Council/ CouncilAaendasandPublicHearingNotices /tabid /73/Default.aspx 1. Bill No. 2454 — 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 (FEMA Reimbursement) 2. Bill No. 2455 — 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 AMOUNTS ESTIMATED IN THE GENERAL FUND (FEMA Reimbursement) 3. Bill No. 2456 — 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 AMOUNTS ESTIMATED IN THE GENERAL FUND ($31,000.00 Teen Court Grant) 4. Bill No. 2457 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 6, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO GENERAL PROVISIONS RELATING TO FINANCE, ESTABLISHING A RESERVE FUND AND A RESERVE FUND POLICY 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. (808) 241 -4188. FAX NO. (808) 241 -6349.