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HomeMy WebLinkAbout07-14-2010 Council Meeting Agenda RECEIVED COUNCIL MEETING NOTICE and AGENDA WEDNESDAY JULY 14 2010 '10 JM -8 P6 A6 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS 3371-A Wilcox Road OFFICE OF Lihu`e, Kauai, Hawaii 96766 THE COUNTY CLERK COUNTY OF KAUAI MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Public Hearing of May 5, 2010 re: Bills Nos. 2358, 2359, and 2360 Council Meeting of June 9, 2010 Council Meeting of June 23, 2010 Public Hearing of June 23, 2010 re: Bill No. 2364 COMMUNICATIONS: C 2010-175 Communication (05/05/2010) from the Chief of Buildings, Department of Public Works, transmitting for Council information, the Building Permit Monthly Reports for April 2010- (1) Building Permit Processing Report (2) Building Permit Estimated Value Summary (3) Building Permits Tracking Report (4) Building Permits Status C 2010-176 Communication (05/19/2010) from the Director of Finance, transmitting for Council information the Corrective Action Plan for the OMB A-133, Single Audit Reports, for the Year Ended June 30, 2009, pursuant to OMB A-133 Circular Subpart C - Auditees, Section .315 (c). C 2010-177 Communication (06/08/2010) from the Chief of Buildings, Department of Public Works, transmitting for Council information, the Building Permit Monthly Reports for May 2010: (1) Building Permit Processing Report (2) Building Permit Estimated Value Summary (3) Building Permits Tracking Report (4) Building Permits Status C 2010-178 Communication (06/10/2010) from the Deputy County Engineer, requesting Council approval of a traffic resolution which establishes a crosswalk on Malu Road in the vicinity of Akoa Street. (See Resolution No. 2010-38) Council Meeting Agenda 2 July 14, 2010 C 2010-179 Communication (06/11/2010) from the Director of Planning, transmitting the Planning Commission's recommendation to approve Zoning Amendment ZA-2010-7, Kauai Kailani I & II, TMK (4) 4-3-009.041 and (4) 4-3-009.050, Waipouli, Kauai, to amend the Visitor Destination Area (VDA) map ZM-WP-500 in Waipouli, Kapa`a, Kauai, Hawaii, to include the aforementioned parcels with conditions. (Copy of the Planning Commission's recommendations made on May 25, 2010 to amend the VDA Boundary of Wailua- Waipouli and Zoning Map ZM-WP-500; applicant's petition, staff report and exhibits, staff evaluation and map delineating affected parcels; excerpts of April 13, 2010 Public Hearing and May 25, 2010 Action Approval on file in the County Clerk's Office) (See Proposed Draft Bill No. 2366) C 2010-180 Communication (06/15/2010) from Councilmember Tim Bynum, requesting Council consideration of a resolution to establish a policy for facilitating open governance and Internet access to public documents through the Council's website. (Resolution No. 2010-39) C 2010-181 Communication (06/21/2010) from the Environmental Services Management Engineer, requesting Council consideration of a proposal to amend various sections in Chapter 21 of the Kauai County Code 1987, as amended, that would allow the following: (1) implementation of a monthly refuse collection assessment on all residential properties in serviceable areas island-wide, and (2) increase refuse collection fees for businesses and other non- residential establishments who subscribe to County curbside refuse collection service. (See Proposed Draft Bill No. 2367) C 2010-182 Communication (06/22/2010) from the Manager and Chief Engineer of the Department of Water, transmitting for Council information the Department of Water's quarterly financial reports as of March 31, 2010, pursuant to Section 17 03A of the Kauai County Charter • Statement of Revenues and Expenditures (Water Utility Fund) • Status of the Budget (Water Utility Fund) • State Appropriations • Statement of Revenues and Expenditures (Facilities Reserve Charge Fund) • Status of the Budget (Facilities Reserve Charge) • Statement of Revenues and Expenditures (Bond Fund) • Status of the Budget (Bond Fund) • Statement of Revenues and Expenditures (Bond-BAB Fund) • Status of the Budget (Bond-BAB Fund) Council Meeting Agenda 3 July 14, 2010 C 2010-183 Communication (06/25/2010) from Councilmember Daryl W Kaneshiro, requesting Council consideration of a proposal to fund the unanticipated costs associated with the Office of the County Clerk - Council Services Division building lease for its office space located on Wilcox Road, the lease of the public restroom facility, moving expenses for the County Council and Council Services Division to relocate back to the Historic County Building, and other operational costs associated with the renovation of the Historic County Building in the amount of $220,000 00. (See Proposed Draft Bill No. 2368) C 2010-184 Communication (06/25/2010) from the Deputy County Engineer, requesting Council approval of two traffic resolutions as follows: (1) A resolution amending Resolution 2002-25, Draft 1, by establishing speed limits along Ala Kinoiki. (See Resolution No. 2010-40) (2) A resolution establishing yield restrictions at Ala Kinoiki and Po`ipu Road. (See Resolution No. 2010-41) C 2010-185 Communication (05/26/2010) from the Executive on Aging, requesting Council approval to receive and expend American Recovery and Reinvestment Act of 2009 Funds for Chronic Disease Self Management Program (CDSMP) in the amount of $21,640 00 available from the date of the State's Notice to Proceed through March 30, 2012. These funds will be used to reach additional communities that include older adults with chronic diseases; establish referral linkages with health clinics, physicians and other service providers utilizing the Aging & Disability Resource Center (ADRC); recruit & train local community members as lay leaders; provide workshops; and measure changes in participants' heath status. C 2010-186 Communication (06/08/2010) from the Director of Parks & Recreation, requesting Council approval to accept an assortment of merchandise (including various quantities of books, games, greeting cards, clothes, key chains and other novelties) from Borders Books, Movies & Cafe valued at $10,000 00 to be used for programs sponsored solely or in part by the Department of Parks & Recreation. C 2010-187 Communication (06/09/2010) from the Chief of Police, requesting indemnification by the Council for a Letter of Agreement between Kapi`olani Medical Center for Women and Children (KMCWC), by and through its Sex Abuse Treatment Center (SATC), and the Kauai Police Department to establish and clarify the scope and nature of services to be provided to the Kauai Police Department as a member of the Hawaii Sexual Assault Response and Training (HSART) Program by KMCWC Council Meeting Agenda 4 July 14, 2010 C 2010-188 Communication (06/15/2010) from the Director of the Office of Economic Development, requesting Council approval to apply for, receive and expend funds from the Economic Development Administration (EDA) in the amount of $1,500,000.00 for the development of the Kilauea Agricultural Park by providing infrastructure to drill a well for irrigation water and to install a 12-inch and 6-inch waterline and roadway to provide access to agricultural lots. C 2010-189 Communication (06/18/2010) from the Director of the Office of Economic Development, requesting Council approval of the following: (1) to apply for, receive and expend funds from the State Department of Business, Economic Development and Tourism (DBEDT) EV-Ready Grant Program which is funded by the American Recovery and Reinvestment Act of 2009 (ARRA) in the amount of $230,000 00; (2) to accept the sub-grant Flow-Down Provisions for State Energy Program (SEP) Financial Assistance Awards, as required by the U.S. Department of Energy (DOE); and (3) to indemnify the State regarding the above items. (Copy of Hawaii Transportation Energy Diversification Project, Hawaii EV Ready" Grants, Grant Opportunity Announcement on file in the County Clerk's Office) C 2010-190 Communication (06/21/2010) from the Executive on Transportation, requesting Council approval to apply for, receive, indemnify, and expend FY 2010 Federal Transit Administration (FTA) Section 5311 and 5311(b)(3) Rural Transit Assistance Program (RTAP) Grants for operational, administrative and training expenses for the County Transportation Agency in the amounts of $554,680.00 and $10,855.00 respectively C 2010-191 Communication (06/23/2010) from the Director of Parks and Recreation, requesting Council approval to receive and expend Temporary Assistance for Needy Families (TANF) Emergency Contingency Funds (ECF) in the amount of $20,468.00, to provide supplies, equipment, and meal service for the County's 2010 Summer Enrichment Program. C 2010-192 Communication (06/24/2010) from the Director of Housing, requesting Council approval to decline the repurchase of Unit No 42, Villas at Puali, located at 1983 Hokunui Place, Lihu`e, Hawaii 96766, and to grant the owner a one-year waiver of the County's repurchase right effective the date of the Council's approval, to allow a market sale by the owner Council Meeting Agenda 5 July 14, 2010 C 2010-193 Communication (06/29/2010) from the Director of the Office of Economic Development, requesting Council approval to apply for, receive and expend the Environmental Protection Agency's Climate Showcase Communities Grant of approximately $427,500 00. This grant requires a 50% match by the County which will be met with in-kind personnel costs for project participants working on the program, in addition to funds designated to construct a photovoltaic power system on the Police/Civil Defense/Prosecutor facility on Ka`ana Street. LEGAL DOCUMENT- C 2010-194 Communication (06/23/2010) from the Director of Finance, requesting Council approval of the First Amendment to the Acquisition and Funding Agreement between the County of Kauai and Kukui`ula Development Company (Hawai`i), LLC, with respect to Community Facilities District (CFD) No. 2008-1, the company having determined that it would not be feasible at this time to proceed with the related bond offering of the CFD through December 31, 2015. First Amendment to Acquisition and Funding Agreement by and between the County of Kauai, with respect to the County of Kauai Community Facilities District No. 2008-1 and Kukui`ula Development Company (Hawai`i), LLC, a Hawaii limited liability company C 2010-195 Communication (06/23/2010) from the County Engineer, requesting Council approval to accept the dedication of Piko Road at TMK (4) 2-5-007.047 from Kilipaki Estates Association of Condominium Owners and to execute the dedication deed. Dedication Deed. Kilipaki Estates Association of Condominium Owners (Grantor) grants and conveys to the County of Kauai (Grantee) the real property described in Exhibit A and shown in Exhibit B, Tax Map Key (4) 2-5-007.047 CLAIMS: C 2010-196 Communication (06/15/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Robert K. L. Young for vehicle damage, pursuant to Section 23.06, Charter of the County of Kauai. C 2010-197 Communication (06/16/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Novus Credit Solutions for damage to an Avis Rent-A-Car, pursuant to Section 23.06, Charter of the County of Kauai. RESOLUTIONS: Resolution No. 2010-38, RESOLUTION ESTABLISHING A CROSSWALK ON MALU ROAD, KAWAIHAU DISTRICT, COUNTY OF KAUAI Council Meeting Agenda 6 July 14, 2010 Resolution No. 2010-39, RESOLUTION TO ESTABLISH A POLICY FOR FACILITATING OPEN GOVERNANCE AND INTERNET ACCESS TO PUBLIC DOCUMENTS Resolution No. 2010-40, RESOLUTION AMENDING RESOLUTION 2002-25, Draft 1, ESTABLISHING MAXIMUM SPEED LIMITS ALONG ALA KINOIKI, KOLOA DISTRICT, KAUAI, HAWAII Resolution No. 2010-41, RESOLUTION ESTABLISHING YIELD SIGNS AND YIELD LINES AT ALA KINOIKI, KOLOA DISTRICT, COUNTY OF KAUAI BILL FOR FIRST READING Proposed Draft Bill No. 2366 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO VISITOR DESTINATION AREA DESIGNATION FOR WAIPOULI, KAPA`A, KAUAI, HAWAII Proposed Draft Bill No. 2367 - A BILL FOR AN ORDINANCE AMENDING SECTION 21-9 1, AND SECTION 21-9.3 OF THE KAUAI COUNTY CODE 1987, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT Proposed Draft Bill No. 2368 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO B-2010-705, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND 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) (Deferred 6/2312010) 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 July 14, 2010 ES-453 Pursuant to Haw Rev Stat. 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 with a briefing and request authority for a possible settlement proposal in a claim filed by Richard and Melva Arakaki 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-454 Pursuant to Haw Rev Stat. sections 92-4, 92-5(a)(4) and (8), and Kauai County Charter section 3.07(E), the Office of the County Attorney requests an executive session with the Council to provide a legal briefing regarding constitutional property rights and their relation to the proposed amendments to Bill No 2364. 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. 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. 2365 - A BILL FOR AN ORDINANCE AMENDING SECTION 21-1.3, . SECTION21-2.1, SECTION 21-2.2,SECTION 21-3.2, SECTION 21-3.3, SECTION 21-7.3, AND SECTION 21-9.1 OF THE AAUA7 COUNTY CODE 1987, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT 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 whichhas been posted in advance incompliance 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.