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Home My WebLink About05-12-2010 Council Meeting Agenda COUNCIL MEETING NOTICE and AGENDA WEDNESDAY MAY 12 2010 9:00 A.M. OR SOON THEREAFTER '10 MAY -6 P5 :42 COUNCIL CHAMBERS 3371-A Wilcox Road Lihu`e, Kauai, Hawaii 96766 MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. COMMUNICATIONS: C 2010-119 Communication (04/12/2010) from the Purchasing Division, Department of Finance, transmitting for Council information, the Fiscal Year 2009-2010 Third Quarter Statement of Equipment Purchases. (Report on file in the County Clerk's Office.) C 2010-120 Communication (04/30/2010) from the Director of Finance, transmitting to the Council supplemental information pertaining to the estimated reduction in real property tax revenues based on the real property tax assessment certification for the Fiscal Year 2009-2010 C 2010-121 Certification (04/30/2010) of the 2010 Real Property Assessment List within the County of Kauai by the Director of Finance (Real Property Assessment List 2010 on file in the County Clerk's Office.) C 2010-122 Communication (05/06/2010) from Derek S. K. Kawakami, Chair, Public Safety/Energy/Intergovernmental Relations Committee, requesting agenda time for SPJ Consulting, the County's retained State legislative lobbyist firm, to provide a concluding report on the 25th Hawaii State Legislative (2010) Session. C 2010-123 Communication (04/20/2010) from the Executive on Transportation, requesting Council approval to apply for, receive, indemnify, and expend FY 2009 and FY 2010 Federal Transit Administration (FTA) Section 5309 grants relating to capital expenses for the County Transportation Agency in the amounts of $632,833 and $1,139,300 respectively Council Meeting Agenda 2 May 12, 2010 C 2010-124 Communication (04/23/2010) from the County Engineer, requesting Council approval to accept and expend a legislative appropriation (Act 162 SLH 2009) in the amount of $950,000 for plans and construction of the Wailua Emergency Bypass Road project. The approximate cost of this project is $1,900,000 of which the County's participating match is $950,000 C 2010-125 Communication (04/27/2010) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend the State of Hawaii Department of Transportation Highway Safety Grant of $14,440.00, to be used for travel, training and equipment. C 2010-126 Communication (05/04/2010) from the Director of Housing, requesting Council approval. (1) to acquire three (3) pending real-estate owned residences (REOs) situated at: (1) 4421 Kai Ikena Drive, Kalaheo, Hawaii, Tax Map Key (4) 2-3-021-011, (2) 3599 Horita Road, Lawa`i, Hawaii, Tax Map Key (4) 2-5-010-012; and (3) 131 Kahiko Street, Kapa`a, Hawaii, Tax Map Key (4) 4-2-016-032, under the County's Neighborhood Stabilization (NSP) Program Foreclosure Acquisition, Rehabilitation and Resale Project with funds received from the State in July 2009 at contracted offer prices not to exceed $450,000 and subject to the one-percent (1%) discount based on receipt of the appraisal. (2) to increase the acquisition price for 3874 Hunakai Street, Lihu`e, Hawaii, Tax Map Key (4) 3-3-008-019 to $413,000, subject to the one-percent (1%) discount based on receipt of the appraisal. (Previously approved by Council an communication C 2010-113, for $399,000) (3) to authorize the County Clerk to sign any and all legal documents relating to the above. LEGAL DOCUMENT: C 2010-127 Communication (04/30/2010) from the Administrative Assistant, requesting Council authority to execute a contract (right-of-entry agreement) between the County and Princeville Mauka Village LLC ("Princeville Mauka") to secure an area for the Department of Public Works, Solid Waste Division's recycling bins on TMK (4) 5-3-01:02 and to indemnify Princeville Mauka for any claims from the County's operations. Right-of-Entry Agreement by and between Princeville Mauka Village, LLC (Grantor) and County of Kauai (Grantee) for a right to use a portion of its property situated in Princeville at Hanalei, District of Kalihiwai, Kauai, Hawaii identified as a portion of tax may key number (4) 5-3-01:02 subject to terms and conditions. Council Meeting Agenda 3 May 12, 2010 CLAIMS: C 2010-128 Communication (04/23/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Farmers Insurance Hawaii, subrogee for The Estate of Bergonia Bienvenido, for vehicle damage, pursuant to Section 23.06, Charter of the County of Kauai. C 2010-129 Communication (04/28/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Janet Ito for vehicle damage, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS. PARKS/TRANSPORTATION COMMITTEE REPORT: CR-PKT 2010-02: on 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 [Approved as Amended.] PLANNING COMMITTEE REPORT: CR-PL 2010-10: on Bill No. 2339 A BILL FOR AN ORDINANCE AMENDING ARTICLE 8 OF CHAPTER 8 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO DEVELOPMENT STANDARDS IN THE OPEN DISTRICT [Approved as Amended.] BILLS FOR SECOND READING Bill No. 2339, Draft I - A BILL FOR AN ORDINANCE AMENDING ARTICLE 8 OF CHAPTER 8 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO DEVELOPMENT STANDARDS IN THE OPEN DISTRICT (The Planning Committee recommended approval of Bill No. 2339, as amended to Bill No. 2339, Draft 1, see CR-PL 2010-10) Bill No. 2354, Draft 1 - 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 (The Parks/ Transportation Committee recommended approval of Bill No. 2354, as amended to Bill No. 2354, Draft 1, see CR-PKT 2010-02) Council Meeting Agenda 4 May 12, 2010 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-438 Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(4), and Kaua'i County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Council to provide Council a briefing, update, and to request authority for a possible settlement proposal in the case of Coconut Beach Development LLC vs. Brvan Baptiste, et al., CV08-00036 SOM KSC (U.S. District Court, District of Hawaii) and related matters. 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. ES-439 Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(4), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Council to provide Council a briefing in 1000 Friends of Kauai vs. County of Kauai, et al., CIV 07-1-0007 (Fifth Circuit Court) and 1000 Friends of Kauai vs. County of Kauai, et al., SC-30348 (Intermediate Court of Appeals for the State of Hawai`i); and related matters. 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. ES-440 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 Planning Department of the County of Kauai vs. Patricia W. & Michael G. Sheehan, Sr. Permit Numbers: Special Management Area Use, Permit SMA (U) 87-8, Use Permit U-87-32, Special Permit SP-87-9; Class IV Zoning Permit Z-IV- 87-40, (Planning Commission of the County of Kauai, State 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-441 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, update and to request authority for a possible settlement proposal on County of Kauai vs. Lady Ann Cruises, Inc., et al., Civ No. 09-1-0165 (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. Council Meeting Agenda 5 May 12, 2010 ADJOURNMENT NOTE: If the Council isnot 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. 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' THERE OF BY EMINENT DOMAIN Bill No. 2362 - AN ORDINANCE AMENDING ORDINANCE NO. B-2009 &91, 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 For complete information, including ;a summary of the item, please refer to the official Notice of Public Bearing. 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.