Loading...
HomeMy WebLinkAbout05-26-2010 Council Meeting Agenda COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, MAY 26, 2010 9:00 A.M. OR SOON THEREAFTER 010 KRY 20 P5 *08 COUNCIL CHAMBERS 3371-A Wilcox Road Lihu`e, Kauai, Hawaii 96766 a.-flJA`1 MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Council Meeting of March 17, 2010 Special Council Meeting of April 14, 2010 re. Board of Water Supply appointee interview Council Meeting of April 14, 2010 Public Hearing of April 14, 2010 re. Bill No. 2347, Bill No. 2350, Bill No. 2351, Bill No. 2352, Bill No. 2353, and Bill No 2354 Special Council Meeting of April 21, 2010 Council Meeting of April 28, 2010 Special Council Meeting of May 5, 2010 Public Hearing of May 12, 2010 re. Resolution No. 2010-34 and Bill No 2362 Special Council Meeting of May 19, 2010 COMMUNICATIONS: C 2010-130 Communication (05/07/2010) from the Mayor, submitting his supplemental budget communication for Fiscal Year 2010-2011 and proposed amendments to the budget bills, pursuant to Section 19 02A of the Kauai County Charter (Copy on file in the County Clerk's Office.) (Public hearing scheduled for May 26, 2010 at 8:30 a.m.) C 2010-131 Communication (05/04/2010) from the Director of Planning, transmitting the Planning Commission's recommendations to amend Chapter 8 of the Kauai County Code, as amended, relating to the Comprehensive Zoning Ordinance and Single Family Transient Vacation Rentals (see also Proposed Draft Bill No. 2355) (Planning Commission's Recommendation, Staff Report, Supplemental Staff Report, and Excerpts from the April 27, 2010 Kauai Planning Commission Meeting Minutes are on file in the County Clerk's Office.) (See Proposed Draft Bill No. 2364) Council Meeting Agenda 2 May 26, 2010 C 2010-132 Communication (05/11/2010) from Councilmember Daryl W Kaneshiro, providing written disclosure of a possible conflict of interest and his recusal on Bill No 2339 (CZO/Open District amendments to development standards) as he owns property located in the Open District. C 2010-133 Communication (05/12/2010) from Councilmember Daryl W Kaneshiro, providing written disclosure of a possible conflict of interest in regards to Bill No. 2318 (CZO Amendments to Permit Farm Worker Housing) because he owns property located in the Agriculture District. C 2010-134 Communication (05/14/2010) from Vice Chair Jay Furfaro, transmitting for Council consideration, a Resolution to request that the Mayor consider including the County Council in the implementation of the Kauai Energy Sustainability Plan (KESP) by including the Chairs of the various Council Committees to work on developing the implementation plan and creating policy to support the Kauai Energy Sustainability Plan. (See Resolution No. 2010-35) C2010-135 Communication (04/27/2010) from the Fire Chief, requesting Council approval to apply for, receive, and expend the 2010 Department of Interior Rural Fire Assistance Grant of $7,115.00 to purchase wildland firefighting hoses and nozzles, to which the County's 10% cost share requirement will be fulfilled with in-kind services. C 2010-136 Communication (05/03/2010) from the Prosecuting Attorney, requesting Council approval to apply for, receive and expend the FY 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) of $105,000.00 for the continuation of the Drug Prosecution Unit, and to indemnify the State of Hawaii, Department of the Attorney General. C 2010-137 Communication (05/03/2010) from the Prosecuting Attorney, requesting Council approval to apply for, receive and expend the FY 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) of $128,000 00 for the continuation of the Domestic Violence Prosecution Unit, and to indemnify the State of Hawaii, Department of the Attorney General. C 2010-138 Communication (05/03/2010) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend the FY 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) of $110,000.00 for the implementation of the Community Prosecution Unit, and to indemnify the State of Hawaii, Department of the Attorney General. Council Meeting Agenda 3 May 26, 2010 C 2010-139 Communication (05/03/2010) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend the FY 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) of $134,000 00 for the continuation of the Property Crime Prosecution Unit, and to indemnify the State of Hawaii, Department of the Attorney General. C 2010-140 Communication (05/03/2010) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend the FY 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) of $57,500 00 for the implementation of a Firearms Prosecution Unit, and to indemnify the State of Hawaii, Department of the Attorney General. C 2010-141 Communication (05/10/2010) from the Fire Chief, requesting Council approval to expend $15,000 00 from the department's salaries account to purchase health & wellness and training equipment for the new Kaiakea Fire Station. LEGAL DOCUMENT: C 2010-142 Communication (04/01/2010) from the Director of Parks and Recreation, requesting Council approval to secure a shared-use path easement located on the parcel identified by Tax Map Key 4-4-3-02:12 to provide safe access along Papaloa Road as part of the Lydgate to Kapa`a Bike/Pedestrian Path. Grant of Easement by and between Niu Pia Land Company, Ltd., a Hawaii corporation (Grantor) and County of Kauai (Grantee) and Consolidated Maui, Inc., a Hawaii corporation, (Lessee), conveying Easement Y, a perpetual non-exclusive easement for a bike and pedestrian shared-use path for public access purposes. C 2010-143 Communication (05/05/2010) from the Mayor, requesting Council approval of a Dedication Deed conveying an interior roadway and a pedestrian accessway as follows: Dedication Deed by the Self-Help Housing Corporation of Hawaii (Grantor) conveying to the County of Kauai (Grantee) Lot 1900 and Lot 1901, Puhi Self-Help Housing Subdivision, for roadway purposes. C 2010-144 Communication (05/14/2010) from the Director of Housing, requesting Council approval of the Fourth Amended Agreement (Kaua`i Lagoons Affordable Housing Ordinance No. PM-2006-383) to assist the sale of Kamamalu Condominium units, and to authorize the County Clerk to execute this Fourth Amended Agreement. • Fourth Amended Agreement (Kaua`i Lagoons Affordable Housing) CLAIMS: C 2010-145 Communication (05/03/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Barbara Schweitzer for vehicle damage, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 4 May 26, 2010 C 2010-146 Communication (05/19/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Lilm'e Court Townhomes Corporation for real property tax adjustment, pursuant to Section 23 06, Charter of the County of Kauai. COMMITTEE REPORTS. BUDGET & FINANCE COMMITTEE REPORTS: CR-B&F 2010-12: on B&F 2010-2 Communication (5/11/2010) from Daryl W Kaneshiro, Budget & Finance Chair, transmitting the Budget & Finance's proposed amendments (+/- sheet) to Resolution No. 2010- 33 (real property tax rates), Bill No. 2356 (Operating Budget), and Bill No. 2357 (CIP Budget) [Received for the Record.] CR-B&F 2010-13: on Resolution No. 2010-33 RESOLUTION ESTABLISHING THE REAL PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011 FOR THE COUNTY OF KAUAI [Approved as Amended.] CR-13&F 2010-14: on Bill No. 2356 A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011 [Approved as Amended.] CR-B&F 2010-15: on Bill No. 2357 A BILL FOR AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011 [Approved as Amended.] CR-B&F 2010-16: on Bill No. 2358 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 23, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO CONCESSIONS AT SPOUTING HORN [Approved.] CR-B&F 2010-17: on Bill No. 2359 A BILL FOR AN ORDINANCE AMENDING SECTION 17-1.1 OF THE KAUAI COUNTY CODE 1987, RELATING TO RENEWAL FEE FOR MOTOR VEHICLE OPERATOR'S LICENSE [Approved.] CR-B&F 2010-18: on Bill No. 2360 A BILL FOR AN ORDINANCE AMENDING SECTION 5-2.4 OF THE KAUAI COUNTY CODE 1987, RELATING TO MOTOR VEHICLE CERTIFICATE OF OWNERSHIP AND REGISTRATION FEES [Approved.] Council Meeting Agenda 5 May 26, 2010 CR-B&F 2010-19: on 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 [Approved.] PARKS/TRANSPORTATION COMMITTEE REPORTS: CR-PKT 2010-03: on 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 [Approved.] CR-PKT 2010-04: on Bill No. 2348 A BILL FOR AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 3, SECTION 19-3.2 AND SECTION 19-3.3 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PLAYING FEES AND REGULATION OF PLAY AT THE WAILUA GOLF COURSE [Approved as Amended.] PLANNING COMMITTEE REPORTS: CR-PL 2010-11: on Bill No. 2318, Draft 2 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Farm Worker Housing) [Approved as Amended.] CR-PL 2010-12: on 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) [Approved as Amended.] Council Meeting Agenda 6 May 26, 2010 PUBLIC WORKS/ELDERLY AFFAIRS COMMITTEE REPORT: CR-PWE 2010-06: on PWE 2010-3 Communication (2/26/2010) from Committee Chair Tim Bynum, requesting the presence of the Administration to discuss the status of the Hardy Street Improvements and Traffic Circulation in the Lihu`e Town Area [Received for the Record.] RESOLUTIONS. Resolution No. 2010-33, Draft 1, RESOLUTION ESTABLISHING THE REAL PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011 FOR THE COUNTY OF KAUAI (The Budget & Finance Committee recommended approval of Resolution No. 2010-33, as amended to Resolution 2010-33, Draft 1, see CR-B&F 2010-13) 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 (The Parks/ Transportation Committee recommended approval of Resolution No. 2010-34, see CR-PKT 2010-03) Resolution No. 2010-35, RESOLUTION REQUESTING THE MAYOR TO CONSIDER INCLUDING THE COUNCIL OF THE COUNTY OF KAUAI IN THE IMPLEMENTATION OF THE KAUAI ENERGY SUSTAINABILITY PLAN BILLS FOR FIRST READING 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 (Referred to the Planning Commission March 17, 2010) Proposed Draft Bill No. 2364 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Planning Commission Recommendation) BILLS FOR SECOND READING. Bill No. 2318, Draft 3 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Farm Worker Housing) (The Planning Committee recommended approval of Bill No. 2318, Draft 2, as amended to Bill No. 2318, Draft 3, see CR-PL 2010-11) Council Meeting Agenda 7 May 26, 2010 Bill No. 2348, Draft 1 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 3, SECTION 19-3.2 AND SECTION 19-3.3 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PLAYING FEES AND REGULATION OF PLAY AT THE WAILUA GOLF COURSE (The Parks /Transportation Committee recommended approval of Bill No. 2348, as amended to Bill No. 2348, Draft 1, see CR-PKT 2010-04) Bill No. 2350, Draftl - 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) (The Planning Committee recommended approval of Bill No. 2350, as amended to Bill No. 2350, Draft 1, see CR-PL 2010-12) Bill No. 2356, Draft 1 - A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011 (The Budget & Finance Committee recommended approval of Bill No. 2356, as amended to Bill No. 2356, Draft 1, see CR-B&F 2010-14) Bill No 2357, Draft 1 - A BILL FOR AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011 (The Budget & Finance Committee recommended approval of Bill No. 2357, as amended to Bill No. 2357, Draft 1, see CR-B&F 2010-15) Bill No. 2358 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 23, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO CONCESSIONS AT SPOUTING HORN (The Budget & Finance Committee recommended approval of Bill No. 2358; see CR-B&F 2010-16) Bill No. 2359 - A BILL FOR AN ORDINANCE AMENDING SECTION 17- 1.1 OF THE KAUAI COUNTY CODE 1987, RELATING TO RENEWAL FEE FOR MOTOR VEHICLE OPERATOR'S LICENSE (The Budget & Finance Committee recommended approval of Bill No. 2359; see CR-B&F 2010-17) Bill No. 2360 - A BILL FOR AN ORDINANCE AMENDING SECTION 5-2.4 OF THE KAUAI COUNTY CODE 1987, RELATING TO MOTOR VEHICLE CERTIFICATE OF OWNERSHIP AND REGISTRATION FEES (The Budget & Finance Committee recommended approval of Bill No. 2360; see CR-B&F 2010-18) 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 (The Budget & Finance Committee recommended approval of Bill No. 2362; see CR-B&F 2010-19) Council Meeting Agenda 8 May 26, 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-442 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 matter of County of Kauai vs. State Farm Insurance, Claim Number 51-0630-100 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: 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. 2361 - A BILL FOR AN ORDINANCE AMENDING CONDITION NO. 19 OF ORDINANCE NO. PM-2004-370 RELATED TO THEKUKUI`ULA WORKFORCE HOUSING Bill No. 2363 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 25 OF THE KAUAI COUNTY CODE 1989, AS AMENDED, AS IT RELATES TO SEWERS 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.