Loading...
HomeMy WebLinkAbout02-15-2012 Council Meeting Agenda (ds)COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, FEBRUARY 15, 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: Special Council Meeting of Janauary 10, 2012 Council Meeting of January 11, 2012 Special Council Meeting of January 19, 2012: appointing the County Clerk Special Council Meeting of January 19, 2012: Interview Special Council Meeting of January 19, 2012 Public Hearing of January 25, 2012 re: Bill No. 2423 CONSENT CALENDAR: C 2012 -31 Communication (12/29/2011) from the County Engineer, transmitting for Council consideration, a traffic resolution establishing a school bus stop at 2489 `Apapane Street, Ulu Ko Subdivision, Lihu`e District as requested by Ms. Julie Ann Kanaele. (See Resolution No. 2012 -20) C 2012 -32 Communication (1/05/2012) from the Chief, Building Division, transmitting for Council information, the Monthly Report on Building Permit Information for the Month of December 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 -33 Communication (1/17/2012) from the Director of Finance, transmitting for Council information, the Periods 1 -5 Financial Reports — Statement of Revenues as of November 30, 2011, for Fiscal Year 2012, pursuant to Section 21 of the Operating Budget Ordinance (B- 2011 -732), County of Kauai. Statement of Revenues (Estimated and Actual), Revenue Report, Statement of Expenditures and Encumbrances, and Detailed Budget Report. (Copy on file in the County Clerk's Office.) 0 Council Meeting Agenda February 15, 2012 C 2012 -34 Communication (1/19/2012) from the County Engineer, transmitting for Council consideration a traffic resolution, which establishes a no parking zone along portions of K51oa Road in the vicinity of the K51oa Post Office, to provide sight distance for the patrons visiting the K51oa Post Office while entering K61oa Road. (See Resolution No. 2012 -21) C 2012 -35 Communication (1/27/2012) from the Planning Director, transmitting for Council consideration, the Planning Commission's recommendation regarding Proposed Draft Bill (No. 2422), which amends Section 8 -1.5 of the Kauai County Code 1987, as amended, relating to the definition of "Land Coverage" and "Public Shared Use Path." (Copies of Proposed ordinance amendments (draft ordinance format), Staff report covering the amendment request, and Public hearing transcripts are on file in the County Clerk's Office.) (See Proposed Draft Bill (No. 2422). C 2012 -36 Communication (1/31/2012) from the Director of Finance, transmitting the Statement of the Condition of the Treasury as of November 8, 2011. C 2012 -37 Communication (2/02/2012) from the Director of Finance, transmitting for Council consideration, amendments to Chapter 26, Kauai County Code 1987, as amended, relating to special taxes levied on properties in community facilities districts established pursuant to such Chapter. (See Proposed Draft Bill (No. 2429)) C 2012 -38 Communication (2/02/2012) from the Director of Finance, transmitting for Council consideration, amendments to Chapter 5A, Kaua`i County Code 1987, as amended, to include a new section addressing tax foreclosure sales of properties in community facilities districts that are subject to both real property taxes under Chapter 5A and special taxes under Chapter 26 of the County Code. (See Proposed Draft Bill (No. 2430)) C 2012 -39 Communication (2/07/2012) from the Council Chair, transmitting for Council consideration, a proposed Resolution Proposing a Charter Amendment relating to definitions of "shall," "must," and "may." (See Resolution No. 2012 -22) C 2012 -40 Communication (2/7/2012) from Councilmember Rapozo, transmitting for Council consideration, a proposed Resolution Proposing a Charter Amendment relating to the establishment of an Office of the Council Attorney. (See Resolution No. 2012 -23) 3 Council Meeting Agenda COMMUNICATIONS: February 15, 2012 C 2012 -41 Communication (1/31/2012) from the Council Chair, requesting the presence of Mr. Scott Matsuura and Mr. James Pacopac to provide an update on the 2012 Legislative Session on bills that impact and are of importance to the County of Kauai. C 2012 -42 Communication (12/07/2011) from the Planning Director, transmitting the Public Access, Open Space and Natural Resources Preservation Fund Commission's recommendation to fund and facilitate acquisition of a portion of the former Hoban Property, Koloa District, TMK 2 -6- 003:017, to provide public access to Kukui`ula Bay. C 2012 -43 Communication (12/12/2011) from the Housing Director, requesting Council approval to decline the County's option to repurchase Unit No. 601, Hookena at Puhi, located at 2080 Manawalea Street, Lihu`e, Hawaii, 96766, and to grant the owner a one -year waiver of the buyback restriction to allow a market sale by the owner for a period of one year. C 2012 -44 Communication (1/04/2012) from the Chief of Police, requesting Council approval to purchase non - budgeted furniture for the Deputy Chiefs office with unexpended funds from account 001 - 1001 - 551.62 -01, Chiefs Office other small equipment, estimated at $9,000.00. C 2012 -45 Communication (1/06/2012) from the Chief of Police, requesting Council approval to expend $300,000.00 of Asset Forfeiture Funds for planning, designing and procurement assistance for a permanent Kawaihau Police Station, rather than the previously requested purchase of a modular building to be used as a temporary police station in the Kawaihau District. C 2012 -46 Communication (1/11/2012) from Neil Rapozo, President, Kauai Ballroom Dance Club, Lihu`e Chapter, requesting Council approval of their donation of a public address system that will be used by the Department of Parks and Recreation and their sponsored organizations and clubs to promote and continue their educational and recreational activities. C! Council Meeting Agenda February 15, 2012 C 2012 -47 Communication (1/25/2012) from the Housing Director, requesting Council approval to accept a gift of $100.00 from Mr. Roy Pegg for a homeless program and that the funds be given to the Kauai Economic Opportunity Outreach Care -a -Van program for provision of food for homeless persons. C 2012 -48 Communication (1/26/2012) from the Director of Finance, requesting Council approval to purchase non - budgeted, modular furniture in the amount of $50,000.00 to provide defined office work areas for the Division of Purchasing. C 2012 -49 Communication (1/27/2012) from the County Auditor, transmitting for Council information the Follow -up Audit of the County of Kauai Building Division, Department of Public Works. (Copy on file in the County Clerk's Office.) C 2012 -50 Communication (1/25/2012) from the Planning Director, requesting Council's approval to expend FY 2012 Coastal Zone Management (CZM) Funds not to exceed $40,000.00 to replace an existing vehicle purchased with CZM Funding in 2003. C 2012 -51 Communication (2/09/2012) from the Council Chair, requesting the presence of the Department of Public Works to provide the Council with the status of the demolition permits for the Kekaha and Li- u`e Mills. C 2012 -52 Request from the Office of the County Attorney for authorization to expend funds up to $50,000.00 to retain special counsel to represent the Board of Ethics in BOE 11 -003 and BOE 11 -004 and related matters. C 2012 -53 Communication (2/09/2012) from the Council Chair, requesting agenda time to discuss the timeline for proposed Charter Amendment Resolutions that will be submitted for consideration by the voters in the 2012 General Election. 5 Council Meeting Agenda LEGAL DOCUMENT: February 15, 2012 C 2012 -54 Request from the Office of the County Attorney for approval of the Grant of Pedestrian Access Easement and Cancellation of Portion of Easement 16, made by and between Kaua'i Lagoons LLC, a Hawai'i limited liability company, and Mori Golf ( Kaua'i), LLC, a Delaware limited liability company, and the County of Kaua'i, concerning property identified and being further described as Tax Map Key Nos. (4) 3 -5- 01:27, 172, 173, and 174. • Grant of Pedestrian Access Easement and Cancellation of Portion of Easement 16 CLAIMS: C 2012 -55 Communication (1/24/2012) from County Clerk Ricky Watanabe, transmitting a claim filed against the County of Kauai by Daniel Funamura for damage to his vehicle, pursuant to Section 23.06 Charter of the County of Kauai. C 2012 -56 Communication (2/03/2012) from County Clerk Ricky Watanabe, transmitting a claim filed against the County of Kauai by Bernadette A. D'Amore, for damages to her personal property, pursuant to Section 23.06 Charter of the County of Kauai. COMMITTEE REPORTS: HOUSING / TRANSPORTATION / ENERGY CONSERVATION & EFFICIENCY COMMITTEE REPORT: CR- HTE 2012 -03: on HTE 2012 -07 Communication (01/03/2012) from Committee Chair Yukimura, requesting agenda time for Mr. Ray McCormick, District Engineer, State Department of Transportation, Kauai District, to provide a briefing on the Long Range Transportation Plan. [Received for the record.] Council Meeting Agenda COMMITTEE OF THE n OLE REPORT: February 15, 2012 CR -COW 2012 -02: on COW 2012 -03 Communication (2/01/2012) from Council Chair Furfaro, requesting the presence of Barbara Coriell, Administrator, State of Hawaii Employer - Union Health Benefits Trust Fund (EUTF), to make a presentation and provide a status update on the EUTF. [Received for the record.] CR -COW 2012 -03: on COW 2012 -02 CR -COW 2012 -03: on COW 2012 -04 RESOLUTIONS: Communication (1/31/2012) from Council Chair Furfaro, requesting agenda time for the Celia Mahikoa, Executive on Transportation, to present the County's plan to market and promote the Kauai Bus over the next two months. Included in the Agency's presentation is the availability of free bus rides for the participants in the "Tropic Care Kauai 2012" program. [Received for the record.] Communication (12/08/2011) from Council Chair Furfaro, requesting agenda time for Mr. Mike Yamane, Chief of Operations, Kauai Island Utility Cooperative (KIUC), to provide a presentation on KIUC's Strategic Plan and Overview through 2012. [Received for the record.] Resolution No. 2012 -16, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE BOARD OF ETHICS (Paul M. Weil) Resolution No. 2012 -17, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE BOARD OF REVIEW (Craig A. De Costa) Resolution No. 2012 -18, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CHARTER REVIEW COMMISSION (James E. Nishida Jr.) Resolution No. 2012 -19, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE POLICE COMMISSION (Alfredo Nebre Jr.) ri Council Meeting Agenda February 15, 2012 Resolution No. 2012 -20, RESOLUTION ESTABLISHING A SCHOOL BUS STOP ON `APAPANE STREET, ULU KO SUBDIVISION, LIHU`E DISTRICT Resolution No. 2012 -21, RESOLUTION ESTABLISHING NO- PARKING AT ANY TIME ALONG PORTION OF KOLOA ROAD, KOLOA DISTRICT Resolution No. 2012 -22, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO DEFINITIONS OF "SHALL," "MUST," AND "MAY" Resolution No. 2012 -23, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO THE ESTABLISHMENT OF THE OFFICE OF THE COUNCIL ATTORNEY BILLS FOR FIRST READING Proposed Draft Bill (No. 2422) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (10/19/2011 Referred to the Planning Commission) Proposed Draft Bill (No. 2429) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 26, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO SPECIAL IMPROVEMENT FINANCING BY COMMUNITY FACILITIES DISTRICTS Proposed Draft Bill (No. 2430) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX ADJOURNMENT. 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 February 15, 2012 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. (Deferred 1/11/2012) ES -522 Pursuant to HRS 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 Board of Ethics in BOE 11 -003 and BOE 11 -004 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. ES -523 Pursuant to Hawai'i Revised Statutes Sections 92 -4, 92- 5(a)(4), and Kaua'i County Charter Section 3.07(E), the Office of the County Attorney, on behalf of the Council, requests an executive session for Council to consult with the County Attorney regarding the Council's release of the County Attorney's written legal opinion dated January 17, 2012, regarding the delegation of fee setting for Wailua Golf Course 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. ES -524 Pursuant to HRS sections 92 -4, 92- 5(a)(4), and section 3.07(e) of the Kaua'i County Charter, the Office of the County Attorney, on behalf of the Council, requests an executive session with the Council to provide the Council with a briefing on the Mayor's authority to exercise direct supervision over or discipline of the Chief of Police. 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. ADJOURNMENT. 41 Council Meeting Agenda February 15, 2012 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. Bill No. 2424 - A BILL FOR AN ORDINANCE TO ALLOW SOLAR ENERGY FACILITIES IN THE AGRICULTURE DISTRICT Bill No. 2425 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER SA OF THE KAUA I COUNTY CODE 1987, AS AMENDED, RELATING TO HOME EXEMPTIONS Bill No. 2426 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 15A OF THE KA U4 7 COUNTY CODE 1987, AS AMENDED, RELATING TO THE KAUAI COUNTY FIRE CODE Bill No. 2427 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 17A, KA U47 COUNTY CODE 1987, AS AMENDED, RELATING TO BUS FARES Bill No. 2428 — A BILL FOR AN ORDINANCE AMENDING ARTICLE 4, SECTION 19 -4.5 OF THE KA U47 COUNTY CODE 1987, AS AMENDED, RELATING TO CAMPING AT LYDGATE PARK 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. 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.