The URL can be used to link to this page

Home My WebLink About03-17-2010 Council Agenda COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, MARCH 17, 2010 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 '10 MAR 11 ' Li1hu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Special Council Meeting of March 3, 2010 Council Meeting of March 3, 2010 COMMUNICATIONS: C 2010-54 Communication (01/28/2010) from the Chief of Police, requesting Council approval to expend approximately $300,000 from the Police Special Fund Account #206-1001-551.30-00 to purchase a new building, furniture, equipment, storage containers, surveillance equipment, fencing, and to cover utility connection costs to replace the current Kapa`a Substation. (Deferred 0310312010) C 2010-60 Communication (02/02/2010) from the Chief of the Building Division, Department of Public Works, transmitting for Council information, the Building Permit Information Reports for January 2010: (1) Building Permit Processing Report (2) Building Permit Estimated Value of Plans Summary (3) Building Permits Tracking Report (4) Building Permits Status C 2010-61 Communication (02/10/2010) from the Director of Planning, transmitting the Planning Commission's recommendation to amend the zoning of real property situated at Tax Map Key 1-6-05.18 from "Open District (O)" to "Residential District (R-4)," subject to the conditions therein. (C. Ahko Inc., Applicant) (Planning Commission's findings, staff report, petition for rezoning by applicant, and transcripts are on file in the County Clerk's Office.) (See Proposed Draft Bill No. 2350) Council Meeting Agenda 2 March 17, 2010 C 2010-62 Communication (02/11/2010) from the Mayor, transmitting for Council information, the Kauai Humane Society Second Quarter Report for FY 2010 (July 1, 2009 - December 31, 2009), pursuant to Contract #6787, Item (5), as well as a copy of their Financial Statements and Schedule, and Independent Auditor's Report for the year ending June 30, 2009. (Kaua`i Humane Society Financial Statements and Schedule, and Independent Auditor's Report are on file an the Clerk's Office.) C 2010-63 Communication (02/26/2010) from the Director of Finance, transmitting for Council consideration, amendments to the FY 2010 Budget to address anticipated shortfalls, as follows: (1) Sewer Fund: Lowers expenditures in the SRF Loan Payments Account and the Unappropriated Surplus Fund Equity by $171,957 due to anticipated lower loan payments due to the timing of the Lihu`e Wastewater Project. (See Proposed Draft Bill No. 2351) (2) Solid Waste Fund: Appropriates $455,795 from the General Fund to the Solid Waste Fund, and reduces expenditures in the Solid Waste Fund by $485,000 to address the anticipated $940,795 shortfall within the Solid Waste Fund. (See Proposed Draft Bill No. 2352) (3) Golf Fund: Appropriates $555,316 from the General Fund to the Golf Fund due to lower than anticipated revenues based on reduced play. (See Proposed Draft Ball No. 2353) C 2010-64 Communication (03/01/2010) from Councilmember Bynum, transmitting for Council consideration, amendments to Chapter 19, Parks and Recreation, to allow dogs on the entire shared use path system, and to remove the 18-month trial period, trial period evaluation requirement, measurements, and expiration clause. (See Proposed Draft Bill No. 2354) C 2010-65 Communication (03/05/2010) from the Mayor, requesting Council consideration and confirmation of the following appointment and reappointment to various Boards and Commissions for the County of Kauai: (Applacataons on file in the County Clerk's office) (1) Board of Water Supply: Dee Crowell - 2nd complete term ending 12/31/2012 (See Resolution No. 2010-29) (2) Liquor Control Commission: Heidy Huddy-Yamamoto - Pt complete term ending 12/31/2012 (See Resolution No. 2010-30) C 2010-66 Communication (3/10/2010) from Councilmember Bynum, transmitting for Council consideration, amendments to Ordinance No. 864 and 874, relating to the Single-Family Transient Vacation Rentals, to maintain the current prohibition of any new TVRs and to clarify standards and permit processes for regulating alternative visitor accommodation structures and operations in the Residential, Agriculture, Open, and Resort zoning districts. (See proposed Draft Bill No 2355) Council Meeting Agenda 3 March 17, 2010 C 2010-67 Communication (3/10/2010) from Councilmembers Bynum and Kawahara, requesting agenda time to discuss televising the Council's Budget proceedings for FY 2010-2011. C 2010-68 Communication (02/26/2010) from the Director of Housing, requesting Council approval to apply for, receive, and expend $243,500 of Economic Development Initiative-Special Project Grant ("EDI") Funds, pursuant to the Fiscal Year 2010 Omnibus Appropriations Bill for the U.S. Department of Housing and Urban Development, to be used for the Kauai County Self-Help Housing Construction Project (Ele`ele I Luna Subdivision Phase 11). C 2010-69 Communication (02/26/2010) from the Housing Director, transmitting for Council consideration, a resolution authorizing the filing of the Kauai County 2010 Action Plan with the United States Department of Housing and Urban Development, and appropriation of funds for the HOME Investment Partnerships Program.(See Resolution No. 2010-31) C 2010-70 Communication (02/24/2010) from the Housing Director, transmitting for Council consideration, a resolution authorizing the filing of the Kauai County 2010 Action Plan with the United States Department of Housing and Urban Development, and appropriation of funds for the Community Development Block Grant Program. (See Resolution No. 2010-32) C 2010-71 Communication (03/11/2010) from Councilmember Bynum, requesting agenda time to discuss H.B. 2435, Relating to Housing, and to take a position to oppose its approval. CLAIMS: C 2010-72 Communication (02/24/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Alla Royss for harassment and emotional distress, pursuant to Section 23.06, Charter of the County of Kauai. C 2010-73 Communication (02/26/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Bruce Hale for damage to his personal property, pursuant to Section 23.06, Charter of the County of Kauai C 2010-74 Communication (03/08/2010) from the County Clerk, transmitting a clam filed against the County of Kauai by Jason Furutam for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 4 March 17, 2010 COMMITTEE REPORTS: BUDGET & FINANCE COMMITTEE REPORT: CR-B&F 2010-06: on B&F 2010-1 Communication (01/2112010) from Tim Bynum, Councilmember requesting the Administration's presence to provide a comprehensive overview of the fiscal condition of the County of kaua`i for the upcoming Fiscal Year 2010-2011. [Received for the Record.] RESOLUTIONS: Resolution No. 2010-29, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE BOARD OF WATER SUPPLY (Dee Crowell) Resolution No. 2010-30, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Heady Huddy-Yamamoto) Resolution No. 2010-31, RESOLUTION AUTHORIZING THE FILING OF THE K.AUA`I COUNTY 2010 ACTION PLAN (HOME INVESTMENT PARTNERSHIPS PROGRAM) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE II OF THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT (PUBLIC LAW 101-625) AS AMENDED Resolution No. 2010-32, RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2010 ACTION PLAN (COMMUNITY DEVELOPMENT BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND 1987 (PUBLIC LAWS 93-383 AND 100-242) AS AMENDED BILL FOR FIRST READING: ` Proposed Draft Bill No. 2350 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO ZONING DESIGNATION IN WAIMEA, KAUAI (C. Ahko Inc, et al., Applicant) Proposed Draft Bill No. 2351 - AN ORDINANCE AMENDING ORDINANCE NO. B-2009-690 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAW API, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE SEWER FUND (<$171,957>-Unappropriated Surplus Fund Equity; <$171,957>-SRF Loan Payments) Council Meeting Agenda 5 March 17, 2010 Proposed Draft Bill No. 2352 - 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 (Solid Waste Fund) Proposed Draft Bill No. 2353 - 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 (Golf Fund) Proposed Draft Bill No. 2354 - 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 Proposed Draft Bill No. 2355 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE 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-428 Pursuant to Haw. Rev. Stat. sections 92-4, 92-5(a)(2), (4) and (8), and Kauai County Charter §3.07(E), the purposes of this executive session are to consider the evaluation of officers and/or employees where consideration of matters affecting privacy will be involved 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. ADJOURNMENT. Council Meeting Agenda 6 March 17, 2010 NOTE: If the Council is not finished with this meeting by approximately 1:34 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. 2346 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 3, ARTICLE I KAUAI COUNTY CODE 1987, AS AMENDED RELATING TO THE CODE OF ETHICS Bill No. 2348 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 3, SECTION 19-3.2 AND SECTION I9-3.3 OF THE KAUA7 COUNTY CODE 1987, AS AMENDED, RELATING TO PLAYING FEES AND REGULATION OF PLAY AT THE WAIL UA GOLF COURSE Ball No. 2349 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2009-691, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUA7, 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 (BLACK POT EXPANSION, LAND ACQ UISITION-,$350, 000.00) 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, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO. 241-6371. ~ i