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HomeMy WebLinkAbout02-17-2010 Council AgendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, FEBRUARY 17, 2010 9:30 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu'e, Kaua'i, Hawaii ROLL CALL. MINUTES of the following meetings of the Council: Special Council Meeting of January 5, 2010 Public Hearing of January 6, 2010 re: Bill No. 2340 Special Council Meeting of January 21, 2010 Council Meeting of January 21, 2010 Public Hearing of January 21, 2010 re: Resolution No. 2009-71 TH;7 COUN't", Council Meeting of February 3, 2010 Public Hearing of February 3, 2010 re: Bills Nos. 2241, 2242, 2243, 2244, and 2245 COMMUNICATIONS: C 2010-10 Communication (12/24/2009) from the Fire Chief, requesting Council approval to fund the cost of the acquisition of a public use helicopter via a 10-year lease to be used to enhance and support search and rescue, firefighting, ocean safety, training and other services of the Kaua' 1 Fire Department and other departments in the County of Kauai. (The Budget & Finance Committee recommended approval of C 2010 -10; see CR-B&F 2010 -02) 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. (Deferred 0210312010) C 2010-36 Communication (02/05/2010) from the Mayor, requesting Council consideration and confirmation of the following appointments and reappointments to various Boards and Commissions for the County of Kaua'i: (Applications on file in the County Clerk's Office) Council Meeting Agenda 2 February 17, 2010 (1) Building Board of Appeals Duane Curammeng — 1St complete term (Electrical Background) ending 12/31/2012 (See Resolution No. 2010-19) Glen Taba — 1st complete term (Building Background) ending 12/31/2012 (See Resolution No. 2010-20) (2) Charter Commission Joel Guy — lst complete term ending 12/31/2012 (See Resolution No. 2010-21) (3) Civil Service Commission Ryan de la Pena — 2nd Complete term ending 12/31/2012 (See Resolution No. 2010-22) (4) Cost Control Commission Michelle Swartman — 2nd complete term ending 12/31/2012 (See Resolution No. 2010-23) (5) Fire Commission Linda Ka'auwai-Iwamoto — 2.d complete term ending 12/31/2012 (See Resolution No. 2010-24) (6) Planning Commission Caven Raco — 2.d complete term ending 12/31/2012 (See Resolution No. 2010-25) (7) Police Commission Ernest Kanekoa — 1st complete term ending 12/31/2012 (See Resolution No. 2010-26) C 2010-37 Statement of Condition of the County Treasury as of December 3, 2009. C 2010-38 Communication (02/10/2010) from Councilmember Kawakami, providing the Council with written disclosure of a possible conflict of interest relating to Bill No. 2342, as he serves in various capacities in the HSK Corporation, a company which owns property in the project area, and is thus recused from any discussion, deliberation, etc., on Bill No. 2342. C 2010-39 Communication (02/11/2010) from Council Chair Asing and Vice Chair Furfaro, requesting Council consideration of a draft bill appropriating $350,000 for the Black Pot Expansion Project (land acquisition). (See Proposed Draft Bill No. 2349) C 2010-40 Communication (01/14/2010) from the Fire Chief, requesting Council approval to donate the Fire Department's ISI Self-Contained Breathing Apparatus (SCBA) to the State of Hawaii Airport Crash Fire as the Kauai Fire Department has recently acquired new Scott SCBA packs for the entire department through a federal grant. Council Meeting Agenda 3 February 17, 2010 C 2010-41 Communication (01/20/2010) from the Director of Housing, requesting Council approval to decline the repurchase of Unit No. 601 Hookena at Puhi, located at 2080 Manawalea Street, Uihu'e, Hawaii 1 96766, and to issue the owners a one-year waiver of the County's repurchase right effective the date of the Council's decision, thus permitting market resale of the unit for a period of one year. C 2010-42 Communication (01/27/2010) from the Chief of the Engineering Division, Department of Public Works, transmitting for Council approval a resolution for abandoning the access road off Lauoho Road, Ko-loa District, at TMK: 2-3-009:034, and authorizing the land transfer to the National Tropical Botanical Garden, Kala-heo, Kauai, Hawaii. (Copy Of attachments on file in the Clerk's Office) (See Resolution No. 2010-27) C 2010-43 Request (02/08/2010) from the Office of the County Attorney for authorization to expend additional funds up to $25,000.00 to engage special counsel's continued representation in the lawsuit entitled Kathleen Ah Quin v. County of Kaua'i. Department of Transi)ortation C 2010-44 (USDCT) Civ. No. CV 08-00507 JMS/BMK and related matters. Request (02/09/2010) from the Office of authorization to expend additional funds special counsel to represent the the County Attorney for up to $20,000.00 to engage County defendants in First Amended Complaint on file in the Clerk's Office) Of C 2010-45 Communication (02/11/2010) from Council Chair Asing, requesting Council reconsideration of Bill No. 2336, Draft 3, relating to mobile electronic devices, which was unanimously approved at the February 3, 2010 Council meeting. LEGAL DOCUMENT: C 2010-46 Communication (01/15/2010) from the Director of Parks & Recreation, requesting Council approval to secure a shared-use path easement at the Kaua'i Shopping Village (TMK 4-4-3-08:14) in exchange for a parking and pedestrian access easement at Waipouli Drainage Canal. 1) Grant of Reciprocal Easements Agreement by and among Kauai Beautiful Island 1, LLC; Kauai Beautiful Island 11, LLC; Kaua'i Beautiful Island 111, LLC; Kaua'i Beautiful Island IV, LLC; Kaua'i Beautiful Island VI, LLC and Kaua'i Beautiful Island VII, LLC, all Delaware limited liability companies, and the County of Kaua'i that the County shall convey to Kaua'i Beautiful Easement "P-1" (Waipouli Drainage Canal) for vehicular parking and access and for pedestrian access purposes, and that Kaua'i Beautiful shall convey to the County Easement "BP-1" (Kaua'i Shopping Village) for bicycle and pedestrian access purposes. (Copy on file in the Clerk's Office) Council Meeting Agenda 4 February 17, 2010 2) Grant of Easement by and between the County of Kaua'l (grantor) and Kaua'l Beautiful Island 1, LLC; Kaua'i Beautiful Island II, LLC; Kaua'i Beautiful Island 111, LLC; Kaua'i Beautiful Island IV, LLC; Kauai Beautiful Island VI, LLC and Kaua'i Beautiful Island VII, LLC, all Delaware limited liability companies (grantee), granting a perpetual non-exclusive easement "P-1" for vehicular parking and access and for pedestrian access purposes (Tax Map Key No. (4) 4-3-008-013). (Copy on file in the Clerk's Office) 3) Grant of Easement by and between Kaua'i Beautiful Island I, LLC; Kaua'i Beautiful Island II, LLC; Kaua'i Beautiful Island 111, LLC; Kaua'i Beautiful Island IV, LLC; Kaua'l Beautiful Island VI, LLC and Kaua'l Beautiful Island VII, LLC, all Delaware limited liability companies (grantor) and the County of Kauai (grantee), granting a perpetual non-exclusive easement "BP-1" for a public park, which shall contain a bicycle and pedestrian path and be part of the County's park system (Tax Map Key No. (4) 4-3-008-014). (Copy on file in the Clerk's Office) C 2010-47 Communication (01/28/2010) from the Director of Parks & Recreation, requesting Council approval of the Quitclaim Deed to secure a portion on Niulani Road and Ala Road (TMK: 4-3-009-054) for construction of a portion of the Lydgate-Kapa'a Bicycle/Pedestrian Path project. Quitclaim Deed: Grantor: BANK OF HAWAII, a Hawaii I corporation, successor by merger to Hawaiian Trust Company, Limited, as SUCCESSOR TRUSTEE under that certain inter vivos Trust Agreement executed by Lillian May Clayton Brewer, dated February 6, 1964, as amended. Grantee: COUNTY OF KAUAI, A POLICITAL SUBDIVISION OF THE STATE OF HAWAII Property Description: (Kaua'l) 4-3-009-054 (Copy on file in the Clerk's Office) C 2010-48 Communication (02/05/2010) from the Director of Housing, requesting Council approval to close the purchase of a 75-Acre Parcel in 'Ele'ele, Kaua'i, Tax Map Key (4) 2-1-1:27, pursuant to the Disposition Agreement of November 19, 2009, between McBryde Sugar Company, Limited, and the County of Kaua'i, to include the following: (1) Approve closing the purchase of the 75-acre parcel and authorize the County Clerk to execute the Warranty Deed; • Warranty Deed With Restrictions and Covenants: McBryde Sugar Company, Limited, a Hawaii corporation (Grantor) and County of Kaua'i (Grantee), Property: Tax Map Key (4) 2-1-001:027 (por.) (Copy on file in the Clerk's Office) (2) Authorize the County Clerk to execute the License Agreement for the continued use of the property by McBryde Sugar Company, Limited, for agricultural purposes until the County needs possession of the property, or any portion thereof, for the purpose of providing affordable housing; Council Meeting Agenda 5 February 17, 2010 • License Agreement by and between the County of Kauai (licensor) and McBryde Sugar Company, Limited (licensee) regarding the real property being portion of Tax Map Key No. (4) 2- 1 -01 -27 (Copy on file in the Clerk's Office) (3) Authorize the County Clerk to execute the Assignment and Assumption Agreement and the Assignment and Release Agreement as acknowledgement that the County of Kauai has been notified that McBryde Sugar Company, Limited, is engaging in a section 1031 like -kind exchange. • Assignment and Assumption Agreement by and among (1) McBryde Sugar Company, Limited, a Hawaii corporation (Assignor); (ii) T.G. Exchange, Inc., a Hawaii corporation (Assignee); and (iii) the County of Kauai (Transferee) (Copy on file in the Clerk's Office) • Assignment and Release Agreement by and among (i) T.G. Exchange, Inc., a Hawaii corporation (Assignor); (ii) McBryde Sugar Company, Limited, a Hawaii corporation (Assignee); and (iii) the County of Kauai (Transferee) (Copy on file in the Clerk's Office) CLAIMS: C 2010 -49 Communication from the County Clerk, transmitting a claim filed against the County of Kauai by Eric M. Wedemeyer for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: BUDGET & FINANCE COMMITTEE REPORTS: CR -B &F 2010 -02: on C 2010 -10 CR -B &F 2010 -03: on Bill No. 2345 Communication (12/24/2009) from the Fire Chief, requesting Council approval to fund the cost of the acquisition of a public use helicopter via a 10 -year lease to be used to enhance and support search and rescue, firefighting, ocean safety, training and other services of the Kauai Fire Department and other departments in the County of Kauai. [Approved.] i •' 1 : ' i � • Council Meeting Agenda CR -B &F 2010 -04: on Bill No. 2343 CR -B &F 2010 -05: on Bill No. 2344 6 February 17, 2010 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF KAUAI FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC IMPROVEMENTS AND REFUNDING 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 [Approved.] AN ORDINANCE AMENDING ORDINANCE NO. B- 2009 -691, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 TO JUNE 30, 2010, BY REVISING THE REVENUES AND APPROPRIATIONS IN THE BOND FUND AND THE GENERAL FUND (CIP) [Approved as Amended.] PUBLIC WORKSIELDERLY AFFAIRS COMMITTEE REPORT: CR -PWE 2010 -04: on Bill No. 2341 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 21, ARTICLE 7, KAUAI COUNTY CODE 1987, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT [Approved as Amended.] Resolution No. 2010 -11, RESOLUTION AMENDING RESOLUTION NO. 2007-97 TO REPLACE AND CONFIRM THE APPOINTMENT OF A MAYORAL APPOINTEE TO THE SALARY COMMISSION (Sheri S. Kunioka- N'olz, First Term, replacing Dawn Murata) (Deferred 0110612010 pending interview.) Resolution No. 2010 -19, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Duane Curammeng) Resolution No. 2010 -20, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Glen Taba) Resolution No. 2010 -21, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CHARTER REVIEW COMMISSION (Joel Guy) Council Meeting Agenda 7 February 17, 2010 Resolution No. 2010 -22, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE CIVIL SERVICE COMMISSION (Ryan de la Pena) Resolution No. 2010 -23, RESOLUTION I CONFIRMING MAYORAL REAPPOINTMENT TO THE COST CONTROL COMMISSION (Michele Swartman) Resolution No. 2010 -24, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE FIRE COMMISSION (Linda Ka`auwai- Iwamoto) Resolution No. 2010 -25, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE PLANNING COMMISSION (Caven Raco) Resolution No. 2010 -26, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE POLICE COMMISSION (Ernest Kanekoa) Resolution No. 2010 -27, RESOLUTION ABANDONING ACCESS ROAD OFF LAUGHO ROAD, KALAHEO, KAUAI, AND AUTHORIZING THE LAND TRANSFER TO THE NATIONAL TROPICAL BOTANICAL GARDEN, KALAHEO, KAUAI, HAWAII Proposed Draft 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 (Deferred 0210312010) Proposed Draft Bill No. 2349 – A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B- 2009 -691, AS AMENDED, RELATING TO THE CAPITAL 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 SPECIAL TRUST FUND FOR PARKS & PLAYGROUNDS— HANALEI DISTRICT Bill No. 2341, Draft 1 – A BILL FOR AN ORDINANCE TO AMEND CHAPTER 21, ARTICLE 7, KAUAI COUNTY CODE 1987, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT (The Public WorkslElderly Affairs Committee recommended approval of Bill No. 2341 as amended to Bill No. 2341, Draft 1; see CR -PWE 2010 -04) Council Meeting Agenda 8 February 17, 2010 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 REFUNDING 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 (The Budget & Finance Committee recommended approval of Bill No. 2343; see CR -B &F 2010 -04) Bill No. 2344, Draft 1 — AN ORDINANCE AMENDING ORDINANCE NO. B -2009 -691, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 TO JUNE 30, 2010, BY REVISING THE REVENUES AND APPROPRIATIONS IN THE BOND FUND AND THE GENERAL FUND (CIP) (The Budget & Finance Committee recommended approval of Bill No. 2344, as amended to Bill No. 2344, Draft 1; see CR -B &F 2010 -05) 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 via a 10 -year lease) (The Budget & Finance Committee recommended approval of Bill No. 2345; see CR -B &F 2010 -03) BILL FOR RECONSIDERATION: Bill No. 2336, Draft 3 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 16, ARTICLE 20, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE TRAFFIC CODE (Approved on second and final reading on 0210312010) 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 -424 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 Kathleen Ali Quin v. County of Kauai, Department of Transportation (USDCT) Civ. No. 08- 00507 JMS /BMK 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 9 February 17, 2010 ES -425 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 Wayne R. Daniel, et al., v. Kodani and Associates, Inc., et al., Civ. No. 08 -1 -0006 (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. ES -426 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: 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, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO. 241 -6371.