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Home My WebLink About 03/13/2013 Council COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, MARCH 13, 2(03 Map -7 p n :13 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING T ,,. 4396 RICE STREET, SUITE 209 t!, Lihu`e, Kaua`i, Hawai`i 96766 A. MEETING CALLED TO ORDER. B. ROLL CALL. C. APPROVAL OF AGENDA. D. MINUTES of the following meetings of the Council: 1. January 17, 2013 Council Meeting 2. January 30, 2013 Council Meeting (Deferred 02/27/2013) - 3. February 20, 2013 Special Council Meeting E. CONSENT CALENDAR: 1. C 2013-94 Communication (02/13/2013) from the Director of Finance, transmitting for Council consideration, a Proposed Draft Bill to Amend Ordinance No. B-2012-736, as amended, relating to the Operating Budget of the County of Kaua`i, State of Hawai`i, for the Fiscal Year July 1, 2012 through June 30, 2013, by revising the amounts estimated in the General Fund and the Solid Waste Fund. (See Proposed Draft Bill (No. 2468)) 2. C 2013-95 Communication (02/14/2013) from the Planning Director, transmitting the Planning Commission's recommendation to amend the General Plan designation of 38.448 acres of land located in Puhi, Lihu`e, Kauai, (TMK: (4) 3-8-002:016) from "Agriculture District" to "Urban Center District." (Island School, Applicant) (Applicant's petition, Director's report, Exhibit A, B, C, and Summary transcripts of public hearing on file in the County Clerk's Office.) (See Proposed Draft Bill (No. 2469)) COUNCIL MEETING 2 MARCH 13, 2013 /3. C 2013-96 Communication (02/26/2013) from Council Chair Furfaro, providing written disclosure of a possible conflict of interest and recusal, relating to Agenda Item ES-602 from the February 27, 2013 Council Meeting, regarding a claim filed on his behalf against the County. ,4. C 2013-97 Communication (02/26/2013) from Councilmember Hooser, transmitting for Council consideration, a Resolution supporting a Community Based Planning Process for the Coco Palms Property and the Grant In Aid request pending before the Hawai`i State Legislature. (See Resolution No. 2013-40) 5. C 2013-98 Communication (02/26/2013) from Councilmember Yukimura, transmitting for Council consideration, a Proposed Draft Bill Amending Section 23-3.7 of the Kauai County Code 1987, as amended, Relating to Concessions at Spouting Horn, Parks and Recreation Improvement and Maintenance Revolving Fund. (See Proposed Draft Bill (No. 2470)) F. COMMUNICATIONS: 1. C 2013-99 Communication (01/03/2013) from Council Vice Chair Nakamura, requesting the presence of Diane Zachary, President and CEO of Kaua`i Planning & Action Alliance to provide a progress report and update on the Keiki to Career — Workforce Readiness, Comprehensive Economic Development Strategy (CEDS) Project. 2. C 2013-100 Communication (01/11/2013) from Council Chair Furfaro, requesting the presence of the State Nutrition & Physical Activity Coalition of Kaua`i County to provide a briefing on the State Physical Activity and Nutrition (PAN) Plan. 3. C 2013-101 Communication (01/12/2013) from the County Engineer, requesting agenda time to discuss the temporary closure of `Eiwa Street at the Rice Street intersection starting in late March or early April 2013 to provide additional parking during the construction of the Lihu`e Civic Center Site, Americans with Disabilities Act (ADA) Improvements Project. G. LEGAL DOCUMENT: ✓ 1. C 2013-102 Communication (03/01/2013) from the Fire Chief, requesting Council approval of the indemnification provisions contained in the Hanalei Community Center Facility Use Guidelines and Application Forms, for the use of Hale Halawai `Ohana `O Hanalei's facility for training for the Community Emergency Response Teams (CERT). COUNCIL MEETING 3 MARCH 13, 2013 H. CLAIMS: 1. C 2013-103 Communication (02/22/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Jessie Pagtolingan, for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. i 2. C 2013-104 Communication (03/01/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Milagros Yamaoka, for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. I. COMMITTEE REPORTS: 1. PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE: /a. CR-PSE 2011-12: on PSE 2011-05 Communication (11/9/2011) from Committee Chair Rapozo, requesting the presence of Larry Dill, County Engineer, to discuss the following: 1) Current status, existing capacity and projected life of the existing Kekaha Landfill; 2) Possible waste diversion initiatives to extend the life of the existing Landfill; 3) Status of a new Solid Waste Municipal Landfill, including its siting, timetables, Environmental Impact Statement, and any State transportation plans for access roads; and 4) Status, timetables, and siting of a Resource Recovery Park (RRP) and its components, including, but not limited to: a Materials Recovery Facility (MRF), Center for Hard to Recycle Materials (CHaRM), composting area, and construction & demolition debris area. [Received for the Record.] COUNCIL MEETING 4 MARCH 13, 2013 2. ENVIRONMENTAL SERVICES / PUBLIC SAFETY / COMMUNITY ASSISTANCE COMMITTEE: CR-EPC 2013-01: on EPC 2013-01 Communication (02/14/2013) from Council Chair Furfaro, requesting the presence of the County Engineer and the Environmental Services Officer, Department of Public Works to discuss an anonymous report received by a Councilmember relating to documents (in Banker Boxes) from the Department of Finance that were allegedly buried in the Kekaha Landfill in January / February 2013. [Received for the Record.] 3. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: a. CR-PWPR 2013-08: on PWPR 2013-05 Communication (02/26/2013) from the Council Chair, requesting the presence of the Director of Parks & Recreation, County Engineer, and the appropriate Department of Personnel Services personnel, to provide an update/overview of the action(s) taken to address the following safety issues at Salt Pond Beach Park: • coconut tree maintenance, • status of the current septic system, • the possible risks posed by these issues, and • the County's mitigative actions to limit its exposure to these risks. [Received for the Record.] b. CR-PWPR 2013-09: on PWPR 2013-06 Communication (02/21/2013) from Committee Chair Kagawa requesting the presence of the County Engineer, Director of Economic Development, and the Space Planner, Department of Public Works, to provide an update on the Comprehensive Space Plan and Needs Assessment report that was completed in 2010, as well as an update on the future plans for the location previously occupied by Big Save, Inc. [Received for the Record.] COUNCIL MEETING 5 MARCH 13, 2013 4. FINANCE & ECONOMIC DEVELOPMENT (TOURISM / VISITOR INDUSTRY / SMALL BUSINESS DEVELOPMENT / SPORTS & RECREATION DEVELOPMENT / OTHER ECONOMIC, DEVELOPMENT AREAS) COMMITTEE: /a. CR-FED 2013-04: on 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 [Received for the Record.] J. RESOLUTIONS: 1. Resolution No. 2012-55 — RESOLUTION ESTABLISHING NO PARKING AT ANY TIME ALONG PORTIONS OF POIPU ROAD IN THE KOLOA DISTRICT (Deferred 01/30/2013) 2. Resolution No. 2013-40 — RESOLUTION SUPPORTING A COMMUNITY BASED PLANNING PROCESS FOR THE COCO PALMS PROPERTY AND THE GRANT IN AID REQUEST PENDING AT THE HAWAII STATE LEGISLATURE K. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2468) — A BILL FOR AN ORDINANCE TO AMEND 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 AND THE SOLID WASTE FUND 2. Proposed Draft Bill (No. 2469) — A BILL FOR AN ORDINANCE AMENDING THE GENERAL PLAN DESIGNATION FOR THAT CERTAIN AREA LOCATED IN PUHI, KAUAI, HAWAII AND IDENTIFIED AS TAX MAP KEY NO. (4) 3-8-002:016. (Island School, Applicant) 3. Proposed Draft Bill (No. 2470) — A BILL FOR AN ORDINANCE AMENDING SECTION 23-3.7 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO CONCESSIONS AT SPOUTING HORN (Parks and Recreation Improvement and Maintenance Revolving Fund) COUNCIL MEETING 6 MARCH 13, 2013 L. BILLS FOR SECOND READING: 1. 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 (See also CR-FED 2013-04; the Finance & Economic Development (Tourism / Visitor Industry / Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended Bill No. 2457 be received for the record on March 6, 2013.) 2. Bill No. 2460, Draft 1 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 12, OF THE KAUAI COUNTY CODE 1987, AS AMENDED, ENTITLED "BUILDING CODE" (See also CR-PWPR 2013-05; the Public Works/Parks & Recreation Committee recommended approval as amended to Bill No. 2460, Draft 1, on February 20, 2013.) (Deferred 02/27/2013) M. EXECUTIVE SESSION: Pursuant to Hawaii Revised Statutes (HRS) §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 HRS §92-4 and shall be limited to those items described in HRS §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 ublic. P ) 1. ES-601 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Kaua`i 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 related to the procurement violation stated in the Management p Advisory g Y Finding 12-01 "Review Purchasing and Procurement Process of Independent Contractors" and related matters. This briefing and consultation involves the consideration of the powers, duties, immunities and/or liabilities of the Council and the County privileges, Y as they relate to this agenda item. (Deferred 02/27/2013) 2. ES-610 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Kaua`i 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 related to the procurement matter and recommendations as stated in the Management Advisory Report Finding 12-01 "Review Purchasing and Procurement Process of Independent Contractors," 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. N. ADJOURNMENT. COUNCIL MEETING 7 MARCH 13, 2013 O. 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 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/Govern»lent/CountyCouncil/PublicHearingNoticesandMinutes/tabid/599/Default.aspx 1. Bill No. 2465 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 9, KAUAI COUNTY CODE 1987, AS AMENDED, TO ALLOW FOR MULTI-MODAL TRANSPORTATION PRINCIPLES FOR SUBDIVISIONS 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, HAWAII, 96766. TELEPHONE NO. (808) 241-4188. FACSIMILE NO. (808) 241-6349.