HomeMy WebLinkAbout02-03-2010 Council Agenda
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, FEBRUARY 3, 2010
9:00 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
Historic County Building
4396 Rice Street, Room 201
Lihu`e, Kauai, Hawaii '10 JAN 23 P5:09
MEETING CALLED TO ORDER.
T=
ROLL CALL. 0
APPROVAL OF AGENDA.
MINUTES of the following meetings of the Council:
Council Meeting of December 16, 2009
Council Meeting of January 6, 2010
COMMUNICATIONS:
C 2010-21 Communication (0110412010) from the Chief of the Building Division,
Department of Public Works, transmitting for Council information, the
Building Permit Information Reports for December 2009:
(1) Building Permit Processing Report
(2) Building Permit Estimated Value of Plans Summary
(3) Building Permits Tracking Report
(4) Building Permits Status
C 2010-22 Communication (01107/2010) from the Purchasing Division,
Department of Finance, transmitting for Council information
Fiscal Year 2009-2010 Second Quarter Statements of Equipment
Purchases, pursuant to Section 18 of the Operating Budget Ordinance
B-2009-690:
(1) Statement of Equipment Purchases per Budget Ordinance
B-2009-690
(2) Statement of Non-Budgeted Purchases via Grants and
Others
C 2010-23 Communication (01/08/2010) from Leila Fuller, Chairperson, Board of
Ethics, requesting Council consideration for an amendment to
Chapter 3, Article 1, Kauai County Code 1987, as amended, relating to
the Code of Ethics. (See Proposed Draft Bill No. 2346)
Council Meeting Agenda 2 February 3, 2010
C 2010-24 Communication (01/14/2010) from the Director of Finance,
transmitting for Council information, the Schedule of Fund Balances
for the Fiscal Year Ended June 30, 2009, pursuant to County Charter
Section 19.14.
C 2010-25 Communication (01/20/2010) from the County Auditor, requesting
Council approval of a 3-year lease term with an option to extend for
962 square feet of office space for the relocation of the Office of the
County Auditor. (Copy of proposed lease on file in the County
Clerk's Office)
C 2010-26 Communication (01/25/2010) from the County Auditor, transmitting
for Council consideration an amendment to Ordinance B-2009-690,
relating to the Operating Budget of the County of Kauai for the Fiscal
Year July 1, 2009 through June 30, 2010, to transfer $16,444.00 from
the line item entitled "Consultant Services" to a newly established line
item entitled "Building Lease" within the Office of the County Auditor
to lease 962 square feet commercial space for the remainder of the
2009-2010 fiscal year. (See Proposed Draft Bill No. 2347)
C 2010-27 Communication (01/22/2010) from the Director of Parks & Recreation,
transmitting for Council consideration, a draft bill amending
Chapter 19, Article 3, Sections 19-3.2 and 19-3.3, of the Kauai County
Code 1987, relating to playing fees and regulation of play at the
Wailua Golf Course. (See Proposed Draft Bill No. 2348 )
C 2010-28 Communication (01/22/2010) from the Director of Finance, requesting
Council consideration of a resolution authorizing the creation of a
Countywide "Recovery° Zone" for the purpose of facilitating and
complementing the County's 2010 General Obligation bond issue
(Bill No. 2343). (See Resolution No. 2010-18)
C 2010-29 Communication (01/13/2010) from the Prosecuting Attorney,
requesting Council approval to expend Office of the Prosecuting
Attorney (OPA) Regular Salary Funds (Account # 001-0401-513.01-01)
to supplement salaries for grant-funded attorneys.
C 2010-30 Communication (01/13/2010) from the Executive on Aging, requesting
Council approval for the following:
(1) to receive and expend contract funds of $6,195.80 for the time
period February 1, 2010 to June 30, 2010, from the
University of Hawaii, School of Social Work, to develop the
Aging and Disability Resource Center (ADRC), and
(2) to indemnify the University of Hawaii, School of Social
Work.
Council Meeting Agenda 3 February 3, 2010
C 2010-31 Communication (0111512010) from the Director of Housing, requesting
Council approval for the following:
(1) lowering the leasehold purchase price of Apartment No. 5,
Apopo Hale located at 4914 Aliali Road, #5 (Unit 5, Por, of
Lot 14, Por. Kapa`a Homesteads, 4th Series, Kapa`a, Kauai)
from $201,500.00 to $129,000.00, which reflects the leasehold
value of the property in today's market; and
(2) authorizing the County Clerk to sign legal documents related
to the property acquisition.
(Copy of appraisal on file in the County Clerh's Office)
C 2010-32 Communication (0112012010) from the County Engineer, requesting
Council approval to accept a donation of approximately
1,000 cubic yards of cold planed pavement material from Grace Pacific
Corporation, estimated value $22,100.00, to be used in various future
Department of Public Works projects.
C 2010-33 Request (01/22/2010) from the Office of the County Attorney for
authorization to expend up to $50,000 for special counsel's continued
representation in Kauai Springs, Inc. v. County of Kauai, et al., Civ.
No. 07-1-0182 and Kauai Springs, Inc. v. Planning Commission of the
County of Kauai, Civ. No. 07-1-0042 and related matters.
C 2010-34 Communication (01/28/2010) from Derek S. K. Kawakami, President,
Hawaii State Association of Counties (HSAC), requesting Council
discussion and action on the following proposals that were approved by
the HSAC Executive Committee on January 19, 2010-
• Approval to consolidate the proposed 2010 HSAC Legislative
Package Bill (HB 2018 and SB 2059) with the Hawaii Council of
Mayors (HCOM) Legislative Package Bill (HB 850, HD I and
SB 2175) relating to having County representation on the
Hawaii State Employer-Union health Benefits Trust Fund
(EUTF) Board of Trustees.
• Approval to support the HCOM Legislative Package Bill
(HB 849, HD1 and SB 2174) relating to having County
representation on the State of Hawaii Employees Retirement
(ERS) Board of Trustees.
• Resolution to urge the Governor and State Legislature to
Maintain the Counties' share of the Transient Accommodations
Tax (TAT)
CLAIMS:
C 2010-35 Communication (01/20/2010) from the County Clerk, transmitting a
claim filed against the County of Kauai by Alex Sagucio for his son's
loss of personal property, pursuant to Section 23.06, Charter of the
County of Kauai.
Council Meeting Agenda 4 February 3, 2010
COMMITTEE REPORTS:
PLANNING COMMITTEE REPORT:
CR-PL 2010-05: on PL 2010-1 Communication (1213012000) from
Councilmember Tim Bynum, requesting
time for a presentation by Keith Nitta on Bill
No. 2330, relating to Development
Standards in the Open District.
[Received for the record.]
PUBLIC WORKSIELDERLY AFFAIRS COMMITTEE REPORTS:
CR-PWE 2010-02: on PWE 2010-1 Communication (01/2112010) from
Tim Bynum, Committee Chair, requesting
agenda time for "Zero Waste Kauai" to provide
a presentation regarding the Integrated Solid
Waste Management Plan Update
(Resolution 2009-71).
[Received for the record.]
CR-P'vW 2010-03: on Resolution No. 2000-71 RESOLUTION ADOPTING
THE INTEGRATED SOLID
WASTE MANAGEMENT
PLAN UPDATE FOR THE
COUNTY OF KAUAI
[Approved as amended.]
RESOLUTIONS:
Resolution No. 2009-71, Draft 1, RESOLUTION ADOPTING THE
INTEGRATED SOLID WASTE MANAGEMENT PLAN UPDATE FOR THE
COUNTY OF K.AUA`I (The Public WorhalElderly Affairs Committee
recommended approval of Resolution No. 2009-71 as amended to Resolution
No. 2009-71, Draft 1; see CR-PWE 2010-03)
Resolution 2010-18, RESOLUTION AUTHORIZING THE CREATION
OF A RECOVERY ZONE UNDER THE PROVISIONS OF THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2000 FOR THE PURPOSE OF
ISSUING RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS;
DESIGNATION OF THE LOCAL SUBALLOCATION OF THE VOLUME CAP
WITH RESPECT TO THE RECOVERY ZONE ECONOMIC DEVELOPMENT
BONDS TO GENERAL OBLIGATION BONDS OF THE COUNTY OF KAUAI
BILLS FOR FIRST READING:
Bill No. 2346 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 3,
ARTICLE 1 KAUAI COUNTY CODE 1987, AS AMENDED RELATING TO THE
CODE OF ETHICS
Council Meeting Agenda 5 February 3, 2010
Bill No. 2347 - A BILL FOR AN ORDINANCE TO AMEND ORDINANCE
NO. B-2009-690, AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR
JULY 1, 2009 THROUGH JUNE 30, 2010 BY REVISING THE OPERATING
BUDGET OF THE OFFICE OF THE COUNTY AUDITOR IN THE GENERAL
FUND
Bill No. 2348 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 19,
ARTICLE 3, SECTION 19-3.2 AND SECTION 19-3.3 OF THE KAUAI COUNTY
CODE 1987, AS AMENDED, RELATING TO PLAYING FEES AND REGULATION
OF PLAY AT THE WAILUA GOLF COURSE
BILL FOR SECOND READING:
Bill No. 2336, Draft 2 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 16, ARTICLE 20, K.AUA`I COUNTY CODE 1987, AS AMENDED,
RELATING TO THE TRAFFIC CODE (Deferred 4112112010)
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.)
ES-420 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 a briefing on Krstafer W. Pinkerton v.
County of Kauai, Kauai Prosecutors Office, et al., Civ. No. 08-00222
HG/KSC (U.S. District Court, District of Hawaii) and related matters.
This briefing and consultation involves consideration of the powers,
duties, privileges, immunities and/or liabilities of the Council and the
Country as they relate to this agenda item.
ES-421 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 a briefing on Kauai Springy Inc. v.
County of Kauai, et al., Civ. No. 07-1-0182 and Kauai Springs, Inc. v.
PlanninL- Commission of the County of Kauai, Civ. No. 07-1-0042 and
associated 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 February 3, 2010
ES-422 Pursuant to Haw.Rev Stat. §§92-4 and 92-5(a)(4) and (8), and Kauai
County Charter section 3.07(E), the Office of the County :Attorney
requests an executive session with the Council to provide the Council a
briefing, update, and to request authority relating to the case of
Jane Doe v. County of Kauai, EEOC Charge no. 486-2009-00268 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.
ADJOURNMENT.
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. 2341 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 21, ARTICLE 7,
KAUAI COU.NTY CODE 1987, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT
Bill No 2342 - A BILL FOR AN ORDINANCE ESTABLISHING REGULATIONS,
PROCEDURES, ZONING AND DEVELOPMENT PLANS FOR THE LIHU`E TOWN CORE AREA
AND ESTABLISHING EXCEPTIONS, MODIFICATIONS AND ADDITIONS TO CHAPTER 8 AND
CHAPTER 10 OF THE KA(J4I COUNTY CODE 1987
Bill No 2343 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION BONDS OF THE, COUNTY OF KAUAI FOR THE. PURPOSE OF FINANCING
CERTAIN PUBLIC IMPROVEMENTS AND REFUNDIATG CERTAIN BONDS OF THE COUNTY
FIXING OR AUTHORIZING THE FIXING OF THE FORM, DENOMINATIONS, AND CERTAIN
OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THE SALE OF SUCH BONDS TO
THE PUBLIC
Bill I'Vo. 2344 - AN ORDINANCE AMENDING ORDINANCE NO. B-2009-691, AS
AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF
HAW API, FOR THE FISCAL YEAR JULY 1, 2009 TO JUNE 30, 2010, BY REVISING THE
REV NUES AND APPROPRIATIONS IN THE BOND FUND AND THE GENERAL FUND (CIP)
Bill No. 2345 - A BILL FOR AN ORDINANCE. AMENDING ORDINANCE NO. B-2009-690,
AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI,
STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY
REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND
(Acquisition of a Public Use. Helicopter ilia a 10-year lease)
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,
l 4396 RICE STREET, ROOM 200, 01HUE, KAUAI. l
TELEPHONE NO.241-63'-