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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.