HomeMy WebLinkAbout05-23-2012 Council Agenda - new formatCOUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, MAY 239 2012
10:00 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. Public Hearing of May 9, 2012 re: Bill No. 2433 and Bill No. 2434
E. CONSENT CALENDAR:
1. C 2012 -158 Communication (04/27/2012) from the Director of the Office of
Economic Development (OED), transmitting for Council
consideration a proposal to establish an Electric Vehicle (EV)
Charging Public User Fee, Waiver of the Fee, and
Designation /Enforcement of Restricted Parking for Charging
Station Use. (See Proposed Draft Bill No. (2436))
2. C 2012 -159 Communication (05/07/2012) from Councilmember Nakamura,
providing written disclosure on the record of a possible conflict of
interest relating to the Mayor's Office — Boards and Commissions
Budget (all line items) in Bill No. 2431 (Proposed Operating Budget
for Fiscal Year 2012 - 2013), because her husband's law firm
performs legal services for this Office, and that she is recusing
herself from deliberation on these items.
3. C 2012 -160 Communication (05/09/2012) from Council Vice Chair Yukimura,
providing written disclosure of a possible conflict of interest relating
to "Boys and Girls Club — Waimea" line item contained in "Special
Projects" (Account No. 001- 0101 - 512.35 -00) in Bill No. 2431
(Proposed Operating Budget for Fiscal Year 2012 - 2013), due to her
position on the Advisory Board, and that she is recusing herself
from deliberation on this item.
4. C 2012 -161 Communication (05/16/2012) from Councilmember Chang,
transmitting for Council consideration, amendments to
Section 19 -1.3 and Section 19 -1.4, Kauai County Code, 1987, as
amended, regulating the use of tobacco products in all County
Parks. (See Proposed Draft Bill (No. 2437))
Council Meeting Agenda 2 May 23, 2012
5. C 2012 -162 Communication (05/16/2012) from the County Attorney,
transmitting for Council consideration, a Resolution authorizing the
acquisition by eminent domain of the fee simple interest in lands
situate at Waipouli for public use (pedestrian and bicycle path).
(See Resolution No. 2012 -42)
F. COMMUNICATIONS:
1. C 2012 -163 Communication (05/02/2012) from the Director of Personnel
Services, transmitting for Council information, the quarterly report
relating to vacancies, new hires, transfers, reallocations or
promotions approved within the County as of March 31, 2012,
pursuant to Section 19 of Ordinance No. B- 2011 -732 (Fiscal Year
2011 - 2012). Additional information regarding positions established
is also provided. (Copy on file in the County Clerk's Office)
2. C 2012 -164 Communication (05/03/2012) from the Mayor, requesting Council
approval to accept a donation from Longs Drug Store in Kapa`a of
assorted Christmas merchandise valued at $20,000, which will be
used for programs sponsored solely by the County or in partnership
with non - profit organizations.
3. C 2012 -165 Communication (05/03/2012) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend
$7,276.00 of Federal Highway Safety Funds from the State of
Hawaii, Department of Transportation, to be used for travel,
internet access, and training.
4. C 2012 -166 Request (05/16/2012) from the Office of the County Attorney for
authorization to expend additional funds up to $75,000.00 to enable
special counsel's continued representation in Michael G. Sheehan
vs. County of Kauai, et al., Civil No. 10 -1 -0161 (Agency Appeal),
Fifth Circuit Court, currently being appealed by Mr. Sheehan under
Intermediate Court of Appeals No. CAAP -11- 0000601, Michael G.
Sheehan vs. County of Kauai, et al., Civil No. CV12 -00195 HG
BMK, U.S. District Court, and related matters.
5. C 2012 -167 Request (05/17/2012) from the Office of the County Attorney for
authorization to expend up to $75,000 for special counsel's
continued representation in Kauai Springs, Inc. vs. County of
Kauai, et al., Civil No. 07 -1 -0182, Kauai Springs, Inc. vs. Planning
Commission of the County of Kauai, Civil No. 07 -1 -0042, and
related matters.
6. C 2012 -168 Request (05/17/2012) from the Office of the County Attorney for
authorization to expend up to $50,000 for special counsel's
continued representation in Grant W. Gribble vs. County of Kauai,
et al., Civil No. 08 -1 -0231 (Fifth Circuit Court), and related
matters.
Council Meeting Agenda 3 May 23, 2012
7. C 2012 -169 Request (05/17/2012) from the Office of the County Attorney for
authorization to expend funds up to $75,000.00 to retain special
counsel to represent the County of Kauai in Cathy Song, et al. vs.
County of Kauai, et al., Civil No. 10 -1 -0171 (Fifth Circuit Court),
and related matters.
8. C 2012 -170 Communication (05/17/2012) from Councilmember Yukimura,
requesting Council approval of her request that the Board of Ethics
conduct an investigation of whether violations of the Code of Ethics
have occurred in connection with the creation and operation of the
POHAKU Program and related matters.
G. CLAIM:
1. C 2012 -171 Communication (05/03/2012) from the County Clerk, transmitting a
claim filed against the County of Kauai by Richard L. Booth, Sr.,
for medical expenses (incurred and future), loss of income, and
general damages, pursuant to Section 23.06, Charter of the County
of Kauai.
H. COMMITTEE REPORTS:
1. ECONOMIC DEVELOPMENT & RENEWABLE ENERGY STRATEGIES
COMMITTEE REPORT:
a. CR -EDR 2012 -04: on EDR 2012 -06 Communication (04/12/2012) from Committee
Chair Chang, requesting the presence of George
Costa, Director of Economic Development, and
Bob Craver, Race Director for The Kauai
Marathon, to provide an update on the 2012
Kauai Marathon. [Received for the record.]
2. FINANCE /PARKS & RECREATION /PUBLIC WORKS PROGRAMS COMMITTEE
REPORTS:
a. CR -FPP 2012 -07: on FPP 2012 -07 Communication (04/26/2012) from Committee
Chair Bynum, requesting the presence of the
Director of Finance and Real Property
Assessment Division to provide a briefing on
matters regarding real property taxes. [Received
for the record.] (Deferred 0510912012.)
b. CR -FPP 2012 -08: on Bill No. 2434 A BILL FOR AN ORDINANCE AMENDING
CHAPTER 12 OF THE KAUAI COUNTY CODE
- 1987, AS AMENDED, ENTITLED "BUILDING
CODE" [Approved as amended.]
Council Meeting Agenda
3. COMMITTEE OF THE WHOLE REPORT:
May 23, 2012
a. CR -COW 2012 -12: on Resolution No. 2012 -40 RESOLUTION PROPOSING A
CHARTER AMENDMENT
RELATING TO THE TERMS SET
FOR COUNTY COUNCILMEMBERS
[Referred to Council Meeting.]
I. RESOLUTIONS:
1. Resolution No. 2012 -22, RESOLUTION PROPOSING A CHARTER
AMENDMENT RELATING TO DEFINITIONS OF "SHALL," "MUST," AND "MAY"
(Deferred 0510912012)
2. Resolution No. 2012 -40, RESOLUTION PROPOSING A CHARTER
AMENDMENT RELATING TO THE TERMS SET FOR COUNTY
COUNCILMEMBERS (Referred to the full Council by the Committee of the
Whole on 0511612012)
3. Resolution No. 2012 -42, RESOLUTION AUTHORIZING THE
ACQUISITION OF THE FEE SIMPLE INTEREST IN LANDS REQUIRED FOR
PUBLIC USE, TO WIT: THE PEDESTRIAN AND BICYCLE PATH WHICH
CONSTITUTES PART OF PUBLIC PARK SYSTEM, SITUATE AT WAIPOULI,
DISTRICT OF KAWAIHAU, COUNTY OF KAUAI, HAWAII, AND
DETERMINING AND DECLARING THE NECESSITY OF THE ACQUISITION
THEREOF BY EMINENT DOMAIN
J. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2436) — A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 16 AND CHAPTER 17 OF THE KAUAI COUNTY CODE
1987, AS AMENDED, RELATING TO ELECTRIC VEHICLE CHARGING
STATIONS
2. Proposed Draft Bill (No. 2437) — A BILL FOR AN ORDINANCE TO
AMEND SECTION 19 -1.3 AND SECTION 19 -1.4 OF THE KAUAI COUNTY
CODE 1987, AS AMENDED, RELATING TO PARKS AND RECREATION
K. BILL FOR SECOND READING:
1. Bill No. 2434, Draft 1 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 12 OF THE KAUAI COUNTY CODE - 1987, AS AMENDED,
ENTITLED "BUILDING CODE" (See CR -FPP 2012 -08, Finance/Parks &
Recreation/Public Works Programs Committee recommended approval as
amended to Draft 1 on May 16, 2012)
Council Meeting Agenda 5 May 23, 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 -543 Pursuant to Hawaii Revised Statutes Sections 92 -4 and 92- 5(a)(3) and
(4), and Kauai County Charter Section 3.07(E), the purpose of this
executive session is to provide the Council with a briefing and
consultation and for the Council to deliberate regarding a Resolution
Authorizing the Acquisition of Fee Simple Interest in Lands Required
for Public Use to Wit: The Pedestrian and Bicycle Path Which
Constitutes Part of Public Park System, Situate at Waipouli, District
of Kawaihau, County of Kauai, Hawaii, and Determining and
Declaring the Necessity of the Acquisition Thereof by Eminent
Domain, and related matters concerning the authority of persons
designated by the Council to negotiate the acquisition of public
property or during the conduct of such negotiations and to consult with
the Council's legal counsel on issues pertaining to the Council's
powers, duties, privileges, immunities, and/or liabilities as they may
relate to this item, deliberate and take such action as appropriate.
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.
2. ES -544 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 and consultation on Michael G. Sheehan vs. County of Kauai,
et al., Civil No. 10 -1 -0161 (Agency Appeal), Fifth Circuit Court,
currently being appealed by Mr. Sheehan under Intermediate Court of
Appeals No. CAAP -11- 0000601, Michael G. Sheehan vs. County of
Kauai, et al., Civil No. CV12 -00195 HG BMK, U.S. District 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.
3. ES -545 Pursuant to Haw. Rev. Stat. § §92 -4 and 92- 5(a)(4), (6) and (8), and
Kauai County Charter section 3.07(E), the purpose of this executive
session is to provide the Council with a briefing on Kauai Springs, Inc.
vs. County of Kauai, et al., Civil No. 07 -1 -0182, Kauai Springs, Inc. vs.
Planning Commission of the County of Kauai, Civil No. 07 -1 -0042, 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 6 May 23, 2012
4. ES -546 Pursuant to Haw. Rev. Stat. § §92 -4 and 92- 5(a)(4), (6) and (8), and
Kauai County Charter section 3.07(E), the purpose of this executive
session is to provide the Council with a briefing on Grant W. Gribble
vs. County of Kauai, et al., Civil No. 08 -1 -0231 (Fifth Circuit Court),
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 -547 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 County of
Kauai in Cathy Song, et al. vs. County of Kauai, et al.,
Civil No. 10 -1 -0171 (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.
6. ES- 548 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
the Council to consult with the County Attorney regarding a request to
the Board of Ethics to investigate whether a violation of the Code of
Ethics occurred in connection with the creation and operation of the
POHAKU program 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.
M. ADJOURNMENT.
N. NOTE: The Public Hearing on C 2012 -158 is scheduled for 8:30 a.m., May 23, 2012. [ *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.] For a copy of the notice, please go to:
http: / /www.kauai.govI Government/ Count yCouncil/ CouncilAgendasandPublicHearingNotices /tabid173IDefault. ash
1. C 2012 -158 Communication (0510812012) from the Mayor, submitting his supplemental budget
communication for Fiscal Year 2012 -2013 and proposed amendments to the budget bills, pursuant to
Section 19.02A of the Kaua `i County Charter.
O. NOTE: If the Council is not finished with this meeting by approximately 1:30 p.m., it will recess for
public hearing on the following. After the public hearing, the Council will reconvene to complete any unfinished
business. [ *For complete information, including a summary of the item, please refer to the of 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.] For a copy of the notice,
please go to: http://www.kauai.gov/ Government/ CounUCouncil/ CouncilAgendasandPublicHearingNotices /tabid/73/Default.as
1. Resolution No. 2012 -41, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO
BUDGET PROCEDURES
2. Bill No. 2435 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 22, KAUAI COUNTY
CODE 1987, AS AMENDED, BYESTABLISHING A NEW ARTICLE RELATING TO ALARM SYSTEMS
Council Meeting Agenda 7 May 23, 2012
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. 241 -4188. FACSIMILE NO. 241 -6349.