HomeMy WebLinkAbout02-29-2012 Council Agenda - new formatCOUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, FEBRUARY 29, 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. Council Goal Setting Workshop of January 24, 2012
2. Special Council Meeting of January 25, 2012
3. Special Council Meeting of February 8, 2012
E. CONSENT CALENDAR:
1. C 2012 -57 Communication (02/10/2012) from the Chief, Building Division,
transmitting for Council information, the Monthly Report on
Building Permit Information for the month of January 2012, which
includes the following:
• Building Permit Processing Report
• Building Permit Estimated Value Summary
• Building Permits Tracking Report
• Building Permits Status
2. C 2012 -58 Communication (02/13/2012) from the County Engineer,
transmitting for Council consideration, a traffic resolution
repealing Resolution No. 54 -91, Section XIII, items 25 and 33
(25 miles per hour in the Koloa District) and establishing a new
maximum speed limit of 20 miles per hour along the entire length
of Maikai Street and Opu Road, Koloa District. (See Resolution
No. 2012 -24)
3. C 2012 -59 Communication (02/13/2012) from the Director of Finance,
transmitting for Council information, the Period 6 Financial
Reports — Statement of Revenues as of December 31, 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, Statement of Expenditures and
Encumbrances, Revenue Report, and Detailed Budget Report on file
in the County Clerk's Office.)
Council Meeting Agenda 2 February 29, 2012
4. C 2012 -60 Communication (02/14/2012) from Councilmember Nakamura,
providing written disclosure on the record of a possible conflict of
interest relating to C 2012 -54, because her spouse,
Galen Nakamura, provided legal consultation to the parties
involved in this matter, and thus is recusing herself from discussing
or participating in the decision making regarding C 2012 -54.
5. C 2012 -61 Communication (02/16/2012) from the Director of Finance,
transmitting for Council consideration, a resolution providing for
the issuance of special tax revenue bonds for public facilities
relating to County of Kauai Community Facilities District
No. 2008 -1 (Kukui`ula Development Project), for the purpose of
funding the costs of public facilities relating to the District,
including the costs of the Kaneiolouma Heiau Complex restoration
project, public parking, improvements for Po`ipu Beach Park, and
the Koloa — Po`ipu Complete Streets Initiative through the issuance
of special tax revenue bonds payable solely from and secured solely
by special taxes levied on taxable properties within the District
pursuant to Chapter 26 and certain funds held in trust for the
bondholders under the bond indenture. (Draft — Trust Indenture,
Draft Preliminary Official Statement, Draft Bond Purchase
Agreement, Draft Continuing Disclosure Agreements, and Market
Demand Analysis and Subject Absorption Estimates for Selected
Properties in the Kukui`ula Membership Community on file in the
County Clerk's Office.) (See Resolution No. 2012 -25)
F. COMMUNICATIONS:
1. C 2012 -49 Communication (02/14/2012) 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.) (Deferred 0211512012)
2. C 2012 -62 Communication (02/14/2012) from Richard Parks, requesting
agenda time to provide the Council with a follow -up on the
effectiveness of the "Speed Table Traffic Calming" installation on
Weke Road after five (5) years of service and of its value to the
community.
3. C 2012 -63 Communication (02/16/2012) from Councilmember Rapozo,
requesting the Administration's presence to provide the Council
with:
• An annual (2011 calendar year) synopsis of construction
activity in the County of Kauai as reflected in the building
permit information that is normally provided to the Council on
a monthly basis.
•A projection of construction activity in the County of Kauai for
the 2012 calendar year.
Council Meeting Agenda 3 February 29, 2012
4. C 2012 -64 Communication (01/27/2012) from the Chief of Police, requesting
Council approval to accept and expend $20,000.00 awarded through
the Mental Health Transformation Grant to conduct training to
raise awareness, identify persons at risk, and to provide tools on
how to work with and engage persons at risk or diagnosed with a
mental illness; and to indemnify the State of Hawaii, Department
of Health in this matter.
5. C 2012 -65 Communication (02/02/2012) from the Chief of Police, requesting
Council approval to purchase non - budgeted items with unexpended
funds of approximately $100,000.00 to purchase five (5) workstation
consoles to replace aging and failing consoles in the dispatch
communications center, which will be part of the 800 MHz radio
system upgrade currently underway.
6. C 2012 -66 Communication (02/23/2012) from the Council Chair, requesting
the presence of Mr. Ron Shiigi, Principal for N &K CPAs, Inc. (or his
designee) to discuss the Comprehensive Annual Financial Report
(CAFR) for the Fiscal Year ending June 30, 2011, in particular
information related to GASB Statement No. 54, Fund Balance
Reporting and Governmental Fund Type Definitions, and to further
expand upon the figures reported in the CAFR as it relates to
Nonspendable, Restricted, Committed, Assigned, and Unassigned
Fund Balances.
7. C 2012 -67 Request (02/23/2012) from the Office of the County Attorney for
authorization to expend funds up to $50,000.00 to retain special
counsel to provide legal counsel for the County regarding
development of the landfill and related matters.
G. LEGAL DOCUMENT:
1. 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 Kauai 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
(Deferred 0211512012)
H. CLAIM:
1. C 2012 -68 Communication (02/07/2012) from the County Clerk, transmitting a
claim filed against the County of Kauai by Enterprise Rent -A -Car
for damage to their vehicle, pursuant to Section 23.06, Charter of
the County of Kauai.
Council Meeting Agenda 4 February 29, 2012
I. COMMITTEE REPORTS:
1. HOUSING / TRANSPORTATION / ENERGY CONSERVATION & EFFICIENCY
COMMITTEE REPORT:
a. CR -HTE 2012 -04: on HTE 2012 -08 Communication (02/09/2012) from Committee
Chair Yukimura, requesting agenda time for
Desiree Vea of the Hawaiian Community Assets
Corporation, to discuss the findings of their
annual report. [Received for the record.]
b. CR -HTE 2012 -05: on Bill No. 2427 A BILL FOR AN ORDINANCE AMENDING
CHAPTER 17A, KAUAI COUNTY CODE 1987,
AS AMENDED, RELATING TO BUS FARES
[Approved as amended.]
c. CR -HTE 2012 -06: on HTE 2012 -06
Communication (1/27/2012) from the Housing
Director, requesting agenda time for
Mr. James E. Dannemiller, Executive Vice
President of SMS Research and Marketing
Services, Inc. (SMS), to present data from the
Hawaii Housing Planning Study 2011 for the
County of Kauai. The study serves as a tool for
planning and developing new housing
opportunities for Kaua`i's people.
[Received for the record.]
2. PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE REPORT:
a. CR -PSE 2012 -01: on Bill No. 2426 A BILL FOR AN ORDINANCE AMENDING
CHAPTER 15A OF THE KAUAI COUNTY
CODE 1987, AS AMENDED, RELATING TO
THE KAUAI COUNTY FIRE CODE
[Approved.]
3. INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT:
a. CR -IGR 2012 -01: on IGR 2012 -01
Communication (01/13/2012) from Hawaii State
Association of Counties (HSAC) President
Mel Rapozo, requesting agenda time to discuss a
projected increase in the HSAC membership
dues in order to subsidize the position of the
HSAC State Director.
[Received for the record.]
4. FINANCE / PARKS & RECREATION / PUBLIC WORKS PROGRAMS
COMMITTEE REPORT:
a. CR -FPP 2012 -01: on FPP 2012 -01 Communication (02/02/2012) from Committee
Chair Bynum, requesting the Administration's
presence to provide an overview and status
update on the current FY '11 -'12 Capital
Improvements Projects (CIP).
[Received for the record.]
b. CR -FPP 2012 -02: on Bill No. 2428 A BILL FOR AN ORDINANCE AMENDING
ARTICLE 4, SECTION 19 -4.5 OF THE KAUAI
COUNTY CODE 1987, AS AMENDED,
RELATING TO CAMPING AT LYDGATE PARK
[Approved.]
Council Meeting Agenda 5 February 29, 2012
5. COMMITTEE OF THE WHOLE REPORT:
a. CR -COW 2012 -05: on 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. [Received for the record.]
J. RESOLUTIONS:
1. Resolution No. 2012 -24, RESOLUTION REPEALING ITEMS 25 AND 33
OF SECTION XIII, RESOLUTION NO. 54 -91 (1991), AND ESTABLISHING A
NEW MAXIMUM SPEED LIMIT OF 20 MILES PER HOUR ALONG THE ENTIRE
LENGTH OF MAIKAI STREET AND OPU ROAD, KOLOA DISTRICT
2. Resolution No. 2012 -25, RESOLUTION APPROVING THE ISSUANCE
OF UP TO $12,500,000 AGGREGATE PRINCIPAL AMOUNT OF SPECIAL TAX
REVENUE BONDS OF THE COUNTY OF KAUAI FOR THE COUNTY'S
COMMUNITY FACILITIES DISTRICT NO. 2008 -1 (KUKUI`ULA
DEVELOPMENT PROJECT); AUTHORIZING THE APPLICATION OF THE
PROCEEDS OF THE BONDS, TOGETHER WITH CERTAIN OTHER AVAILABLE
FUNDS, TO FUND THE COSTS OF CERTAIN FACILITIES RELATING TO
SUCH DISTRICT; APPROVING THE FORMS OF THE BOND INDENTURE,
PRELIMINARY OFFICIAL STATEMENT, BOND PURCHASE AGREEMENT
AND CONTINUING DISCLOSURE AGREEMENTS RELATING TO THE BONDS;
AND AUTHORIZING THE TAKING OF FURTHER ACTIONS RELATING TO
THE BONDS AND THE DISTRICT
K. BILLS FOR SECOND READING:
1. Bill No. 2426 — A BILL FOR AN ORDINANCE AMENDING CHAPTER
15A OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
KAUAI COUNTY FIRE CODE (See CR -PSE 2012 -01, Public Safety &
Environmental Services Committee recommended approval on February 22,
2012)
2. Bill No. 2427, Draft 1 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 17A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
BUS FARES (See CR -HTE 2012 -05, Housing/Transportation/Energy
Conservation & Efficiency Committee recommended approval as amended
to Draft 1 on February 22, 2012)
3. Bill No. 2428 — A BILL FOR AN ORDINANCE AMENDING ARTICLE 4,
SECTION 19 -4.5 OF THE KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO CAMPING AT LYDGATE PARK (See CR -FPP 2012 -02,
Finance/Parks & Recreation/Public Works Programs Committee
recommended approval on February 22, 2012)
Council Meeting Agenda 6 February 29, 2012
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 -523 Pursuant to Hawaii Revised Statutes Sections 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 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. (Deferred 0211512012)
2. ES -526 Pursuant to Haw. Rev. Stat. sections 92 -4 and 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 and request for authority to settle
claim against the County by Shane N. Matias, filed on June 2, 2010,
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.
3. ES -527 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 provide legal counsel for
the County regarding development of the landfill 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.
4. ES -528 Pursuant to HRS section 92 -5(a) (2), (4) and (6), and Kauai County
Charter section 3.07(e), the purpose of this executive session is to allow
Council to consult with the County Attorney on questions and issues
pertaining to the authority of the Mayor and Police Commission to
hire, evaluate, dismiss and discipline the Chief of Police and for a
briefing on the status of the action taken on the Police Chiefs
subordinates 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.
Council Meeting Agenda 7 February 29, 2012
N. 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. 241 -4188. FACSIMILE NO. 241 -6349.