HomeMy WebLinkAbout04-14-2010 Council Meeting Agenda
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY APRIL 14 2010
9:00 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
3371-A Wilcox Road - =
Lihu`e, Kauai, Hawaii 96766
'10 APR -8 P 6'59
MEETING CALLED TO ORDER.
THE` t. u
ROLL CALL. cou"w
APPROVAL OF AGENDA.
MINUTES of the following meetings of the Council.
Public Hearing of March 17, 2010 re: Bills Nos. 2346, 2348, and 2349
Special Council Meeting of March 22, 2010
Special Council Meeting of April 1, 2010
COMMUNICATIONS.
C 2010-78 Communication (02/23/2010) from the Director of Planning,
transmitting the Planning Commission's recommendation to amend
Condition No. 19 d) and e) of Ordinance No. PM-2004-370 related to
the Kukui`ula Workforce Housing as recommended by the Kauai
County Housing Agency (Minutes, staff reports, and evaluations are
on file in the County Clerk's Office.) (See Proposed Draft Bill No. 2361)
C 2010-79 Communication (02/25/2010) from the Chair of the Public Access, Open
Space, and Natural Resources Preservation Fund Commission (Open
Space Commission), transmitting for Council information the County
of Kauai Open Space Commission's 2009 Report to the County (County
of Kauai Open Space Commission 2009 Report to the Kauai County
Council and Mayor Bernard P Carvalho, Jr., on file in the County
Clerk's Office.)
C 2010-80 Communication (03/04/2010) from the Director of Parks and
Recreation requesting Council consideration of a proposed resolution
authorizing the acquisition of lands required for public use by eminent
domain for the Lydgate-Kapa`a Bike and Pedestrian Path Project:
Parcel 1 (Fee Simple) Tax Map Key (4) 4-3-009-54 (Fee Simple) and
Parcel 2 (Pathway Easement) Tax Map Key- Kauai 4-3-009-004
(Portion) (See Resolution No. 2010-34)
Council Meeting Agenda 2 April 14, 2010
C 2010-81 Communication (03/08/2010) from the Director of Finance,
transmitting for Council information Period 7 Financial Reports -
Statement of Revenues as of January 31, 2010, pursuant to Section 17
and Section 20 of the Operating Budget Ordinance (B-2009-690).
[Statement of Revenues (Estimated and Actual), Revenue Report
(Listing), Statement of Expenditures and Encumbrances, and Detailed
Budget Report on file in the County Clerk's Office.]
C 2010-82 Communication (03/29/2010) from the Director of the Office of
Economic Development, requesting agenda time to provide the Council
with the final Kauai Energy Sustainability Plan (KESP)
C 2010-83 Communication (04/05/2010) from Councilmember Lani T Kawahara,
requesting the presence of the Director of Parks & Recreation to
discuss the results of the "Shared Use Path Survey "
C 2010-84 Communication (04/08/2010) from Councilmember Derek S K.
Kawakami, providing written disclosure of a possible conflict of
interest relating to PWE 2010-3 as he serves in various capacities with
the HSK Corporation, which owns property in the subject area, and
recusing himself from any discussion and deliberation on this item.
C 2010-85 Communication (01/21/2010) from the Chief of Police, requesting
Council approval to accept and acquire ownership of a forfeited vehicle
from the State of Hawaii Department of the Attorney General, a 2001
Toyota Tacoma, 4x4 double cab pickup (vehicle identification number
5TEHN72N51Z755426), to replace a 1995 Toyota, T100 4x2 pickup
(vehicle identification number JT4VD12F9S0004102), to be utilized for
law enforcement purposes in accordance with Hawaii Revised Statutes
§712A-16(3)
C 2010-86 Communication (02/16/2010) from the Chief of Police, requesting
Council approval to accept a donation of $500 00 from Ben and Kristin
Hannah of Anini Beach for the purchase of equipment for the Hanalei
Station.
C 2010-87 Communication (03/02/2010) from the Chief of the Building Division,
Department of Public Works, transmitting for Council information, the
Building Permit Information Reports for February 2010-
(1) Building Permit Processing Report
(2) Building Permit Estimated Value of Plans Summary
(3) Building Permits Tracking Report
(4) Building Permits Status
Council Meeting Agenda 3 April 14, 2010
C 2010-88 Communication (03/08/2010) from the Administrator of Kauai Civil
Defense, requesting Council approval to receive and expend grant
funds from the U.S. Department of Homeland Security, via State Civil
Defense, in the following areas and amounts:
(1) 2009 State Homeland Security Grant Program for
$1,029,193.00 to enhance State and local units of government
to prevent, deter, respond to and recover from incidents of
terrorism involving the use of chemical, biological,
radiological, nuclear and explosive weapons and cyber
attacks, in addition to day-to-day all-hazards scenarios.
(2) 2009 Citizen Corps Program for $29,193 00 to be used to
support Citizen Corps councils with planning, outreach, and
management of Citizen Corps programs and activities such
as Community Emergency Response Teams and
Neighborhood Watch.
C 2010-89 Communication (03/08/2010) from the Prosecuting Attorney,
requesting Council approval to apply for, receive and expend federal
funds from the Federal FY 2009 Recovery Act; STOP Violence Against
Women Formula Grant for $77,711.00 to continue the Domestic
Violence Prosecution Unit, and approval to indemnify the State of
Hawaii, Department of the Attorney General.
C 2010-90 Communication (03/17/2010) from the Prosecuting Attorney,
requesting Council approval to expend $3,163.52 from State Asset
Forfeiture Funds (Account #251-0401-513.62-01/Small Equipment,
Project A08101) to purchase furniture for a new interview room in the
Prosecuting Attorney's office.
C 2010-91 Communication (03/30/2010) from Derek S. K. Kawakami, Hawaii
State Association of Counties (HSAC) President, requesting Council
approval of the HSAC Budget for the Fiscal Year 2010-2011 and
approval of the slate of HSAC officers for the Fiscal Year 2010-2011 as
follows:
Derek S.K. Kawakami (Kaua`i)- President
• Daryl W Kaneshiro (Alternate)
Nestor Garcia (Honolulu) - Vice President
• Remy Cachola (Alternate)
Joseph Pontanilla (Maui) - Treasurer
• William "Bill" Medeiros (Alternate)
Dennis "Fresh" Onishi (Hawai`i) - Secretary
- Kelly Greenwell (Alternate)
C 2010-92 Communication (03/31/2010) from the Director of Finance, requesting
Council consideration of a proposal to reduce the funding for the
Hanapepe/Waimea Levee Project in the Capital Improvements Bond
Fund Budget by $635,315 00, as the Department of Public Works will
be able to perform some of the tasks in-house with equipment being
requested in the upcoming fiscal year 2011 budget, thus allowing the
Department of Finance to reconcile the county's capital improvement
budget with the county's bond ordinance to not exceed $60 million.
(See Proposed Draft Bill No. 2362)
Council Meeting Agenda 4 April 14, 2010
C 2010-93 Communication (03/30/2010) from the Director of Housing, requesting
Council approval to acquire a residential unit situated at
3229-A Unahe Street, Lihu`e, Kauai, Hawaii, (Tax Map
Key (4) 3-6-018-046-0001) in fee simple under the County's
Community Development Block Grant (CDBG) Program for
$425,000 00, and to authorize the County Clerk to sign legal
documents related to this transaction.
C 2010-94 Communication (03/31/2010) from the Director of Housing, requesting
Council approval to acquire three (3) residential units, under the
County's Neighborhood Stabilization Program (NSP) Foreclosure
Acquisition, Rehabilitation and Resale Project, at the contracted offer
prices subject to the one-percent (1%) discount based on receipt of the
appraisals situated at (1) 4734 Mimilo Road, Kapa`a, Hawaii, TMK (4)
4-6-029-003 ($394,900.00); (2) 3868 Olona Street, K51oa, Hawaii, TMK
(4) 2-8-025-053 ($399,000 00); (3) 44621 Mua Place, Kilauea, Hawaii,
TMK (4) 5-2-016-013 ($399,000.00), and to authorize the County Clerk
to sign any and all related legal documents.
C 2010-95 Request (04/06/2010) from the Office of the County Attorney for
authorization to expend additional funds up to $10,000 00 to engage
special counsel's continued representation in the lawsuit entitled King
C. Lum v. Kaua'i County Council, et al., Case No. 08-16093 (U.S. Court
of Appeals, 9th Cir ) and related matters.
C 2010=96 Request (04/06/2010) from the Office of the County Attorney for
authorization to expend additional funds up to $60,000.00 to engage
special counsel's continued representation in the lawsuit entitled
Kristan C. Hirakawa v. County of Kaua'i, Civ No. CV09-00247
JMS/LEK (U.S District Court, District of Hawai'i) and related
matters.
LEGAL DOCUMENT:
C 2010-97 Communication (03/04/2010) from the Director of Housing, requesting
Council approval to authorize the County Clerk to execute the Housing
Agreement (Allowable Density for Subdivision No. 5-2008-21) for
Princeville Prince Golf Course, LLC; Tax Map Key No. (4) 5-3-006:014
(Lot 2-A-1), Princeville, Kauai, Hawaii.
• Housing Agreement (Allowable Density for Subdivision
No. 5-2008-21)
C 2010-98 Communication (03/04/2010) from the Director of Parks and
Recreation, requesting Council approval of a grant of non-exclusive
easement to secure a shared-use path easement at Lihi Park (TMK 4-
4-5-06.1)-
-Grant of Non-Exclusive Easement by and between the State of
Hawaii, by its Board of Land and Natural Resources, and the County
of Kauai, Department of Parks and Recreation granting non-
exclusive and perpetual easement rights in, over, under and across
that certain parcel of land ("easement area") situate at Kapa`a,
Kawaihau, Kauai, Hawaii, being identified as "Perpetual Non-
Exclusive Access, Landscaping and Maintenance Easement,
Easement M-1" (Tax Map Key No. (4) 4-5-006:001 Por
Council Meeting Agenda 5 April 14, 2010
CLAIMS:
C 2010-99 Communication (03/18/2010) from the County Clerk, transmitting a
claim filed against the County of Kauai by Ashley Taylor for false
arrest, illegal entry, and excessive force, pursuant to Section 23.06,
Charter of the County of Kauai.
C 2010-100 Communication (03/29/2010) from the County Clerk, transmitting a
claim filed against the County of Kauai by Gale Carswell for personal
injury, pursuant to Section 23.06, Charter of the County of Kauai.
C 2010-101 Communication (03/29/2010) from the County Clerk, transmitting a
claim filed against the County of Kauai by Michael J Rothman and
Nadine S. Schwartz for reimbursement of their financial loss, pursuant
to Section 23.06, Charter of the County of Kauai.
C 2010-102 Communication (03/30/2010) from the County Clerk, transmitting a
claim filed against the County of Kauai by Kristina Gadek of The
Hartford, as subrogee for Nora Masuda, for damage to insured's
vehicle, pursuant to Section 23.06, Charter of the County of Kauai.
COMMITTEE REPORTS:
PLANNING COMMITTEE REPORTS:
CR-PL 2010-07: on Bill No. 2022 A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 8 OF THE
KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO THE
COMPREHENSIVE ZONING
ORDINANCE
[Received for the record.]
CR-PL 2010-08: on Bill No. 2023 A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 10 OF THE
KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO SPECIAL
DEVELOPMENT PLANS
[Received for the record.]
RESOLUTIONS:
Resolution No. 2010-29, RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE BOARD OF WATER SUPPLY (Dee Crowell)
(Deferred 0311712010 pending interview.)
Resolution No. 2010-31, RESOLUTION AUTHORIZING THE FILING OF
THE KAUAI 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 (Deferred 311712010)
Council Meeting Agenda 6 April 14, 2010
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 (Deferred
3/17/2010)
Resolution No. 2010-34, 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
BILLS FOR FIRST READING.
Bill No. 2361 - A BILL FOR AN ORDINANCE AMENDING CONDITION
NO 19 OF ORDINANCE NO PM-2004-370 RELATED TO THE KUKUIULA
WORKFORCE HOUSING
Bill No. 2362 - 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 SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE BOND FUND
BILLS FOR SECOND READING
I
Bill No. 2022 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8 OF
THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE (Planning Committee recommended
receipt of Bill No. 2022; see CR-2010-07)
Bill No. 2023 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 10
OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO SPECIAL
DEVELOPMENT PLANS (Planning Committee recommended receipt of
Bill No. 2023; see CR-2010-08)
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.)
Council Meeting Agenda 7 April 14, 2010
ES-429 Pursuant to Haw Rev Stat. sections 92-4 and 92-5(a)(4), and Kauai
County Charter section 3.07(E), the purpose of this executive session is
to provide Council with a briefing and to request authority for a
possible settlement proposal in the case of County of Kauai vs.
Earl Laanui Lanning, Jr. et al., Civil No. 08-1-0033 (Circuit Court of
the Fifth Circuit) 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-430 Pursuant to Haw Rev Stat. sections 92-4, 92-5(4) and Kauai County
Charter §3.07(E), the purposes of this executive session is to provide
Council with a briefing on a proposed settlement of the County's claims
arising from shared appreciation agreements applicable to two
affordable housing units 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-431 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) and (8), and Kaua'i
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 in King_ C. Lum v. Kaua'i County Council, et al.,
Case No. 08-16093 (U.S. Court of Appeals, 9th Cir) 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-432 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) and (8), and Kaua'i
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 in Kristan C. Hirakawa v. County of Kaua'i,
Civ No. CV09-00247 JMS/LEK (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 County as they relate to this agenda
item.
ES-433 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.
ES-434 Pursuant to Hawai'i Revised Statutes Sections 92-4, 92-5(a)(4) and (8),
and Kaua'i County Charter Section 3.07(E), the Office of the County
Attorney requests an executive session with the Council to provide a
briefing regarding legal issues related to the implementation of Kauai
County Charter Section 3.19 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.
Council Meeting Agenda 8 April 14, 2010
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. 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)
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 HAWAII, 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>-SRFLoan Payments)
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)
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)
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
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,
3371-A WILCOX ROAD, LIHU`E, KAUAI.
TELEPHONE NO 241-4188.