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HomeMy WebLinkAbout07-28-2010 Council Meeting Agenda COUNCIL MEETING NOTICE and AGO fy1VED WEDNESDAY JULY 28 2010 9:00 A.M. OR SOON THEREAFTERIO Ji 22 P6:46 COUNCIL CHAMBERS 3371-A Wilcox Road Lihu`e Kauai Hawaii 96766 OF€ ICrE O THE CM'i T Y MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council. Special Council Meeting of July 7, 2010 Public Hearing of July 14, 2010 re: Bill No. 2365 COMMUNICATIONS: C 2010-198 Communication (07/09/2010) from the Council Chair, transmitting for Council consideration the following Council appointees: • David Helder - Kauai Historic Preservation Review Commission -Maurice Nakahara - Public Access, Open Space, Natural Resources Preservation Fund Commission (See Resolution No. 2010-42 and Resolution No. 2010-43) C 2010-199 Communication (07/06/2010) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend $40,854.00 from the Edward J Byrne Memorial Justice Assistance Grant, FY 2010 Local Solicitation Subpoena Services Grant, to contract with a private company to provide a) process serving for the Office of the Prosecuting Attorney, and b) training to the Kauai Police Department, commencing October 1, 2010 through September 30, 2013. C 2010-200 Communication (07/22/2010) from the Director of Finance, transmitting for Council consideration, a $70,000 00 appropriation from the surplus and appropriations estimated in the General Fund for additional matching funding for the Hanap6pe Walkway and Bridge Improvement Project. (See Proposed Draft Bill No. 2369) Council Meeting Agenda 2 July 28, 2010 C 2010-201 Communication (07/22/2010) from the Director of Finance, transmitting for Council consideration, a $76,000 00 appropriation from the surplus and appropriations estimated in the General Fund to support the Solid Waste Fund (automated refuse software, maintenance, and support and training) (See Proposed Draft Bill No. 2370). C 2010-202 Communication (07/22/2010) from the Director of Finance, transmitting for Council consideration, a $400,000.00 appropriation from the surplus and appropriations estimated in the CIP Project Contingency for equipment costs paid for the Historic County Building Renovation project. (See Proposed Draft Ball No. 2371). C 2010-203 Communication (07/22/2010) from the Director of Finance, transmitting for Council consideration, a $822,391.00 appropriation to the Solid Waste Fund and $603,121.00 to the Sewer Fund from the surplus and appropriations estimated in the General Fund for debt service costs as a result of the County's 2010 Bond Issuance. (See Proposed Draft Bill No. 2372). C 2010-204 Communication (07/01/2010) from the County Engineer, requesting Council consideration to amend the FY 2010-2011 Operating Budget by appropriating $200,000 00 from the surplus and appropriations estimated in the General Fund for the construction of a replacement sewer line at the intersection of Waialo Road and Kaumuali`i Highway (See Proposed Draft Bill No. 2373). C 2010-205 Communication (07/22/2010) from Councilmember Furfaro, transmitting for Council consideration, a $95,000 00 appropriation from the surplus and appropriations estimated in the General Fund for unanticipated costs to restart the Kekaha Host Community Benefits Program Citizens' Advisory Committee process. (See Proposed Draft Bill No. 2374) C 2010-206 Communication (07/22/2010) from Councilmember Kawakami, transmitting for Council consideration, a proposal to amend the FY 2010-2011 operating budget provisos to authorize the Director of Finance to utilize the accrued interest from the Kekaha Host Community Benefits (HCB) account for the Kekaha HCB grant program. (See Proposed Draft Bill No. 2375) Council Meeting Agenda 3 July 28, 2010 LEGAL DOCUMENTS: C 2010-207 Communication (07/09/2010) from the Executive on Aging, requesting Council approval to indemnify the Kapa`a United Church of Christ for use of their social hall for the EnhanceFitness program for seniors 60 years and older, as follows: • Indemnification Agreement (to protect the Church and its Agents from incurring any monetary or property losses resulting from allowing others to use the Church facilities). C 2010-208 Communication (07/14/2010) from the Director, Department of Parks & Recreation, recommending Council approval to establish the terms of purchase pending final subdivision of the parcel and transfer of title for the Lydgate-Kapa`a Shared-Use Path, as follows: • Purchase Agreement between the County of Kauai, through its Department of Public Works, and the Apartment Owners of Kapa`a Sands, for approximately 2,134 square feet of land (TMK (4) 4-3-02:02) (Copies of Purchase Agreement on file in the County Clerk's Office.) CLAIMS: C 2010-209 Communication (07/13/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Guy Ruiz for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS- PLANNING COMMITTEE REPORT: CR-PL 2010-13: on Bill No 2364 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Transient Vacation Rentals) [Approved as amended] PUBLIC WORKS/ELDERLY AFFAIRS COMMITTEE REPORT CR-PWE 2010-09• on Bill No. 2365 A BILL FOR AN ORDINANCE AMENDING SECTION 21-1.3, SECTION 21-2.1, SECTION 21-2.2, SECTION 21.32, SECTION 21-3.3, SECTION 21-7.3, AND SECTION 21-91 OF THE KAUAI COUNTY CODE 1987, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT [Approved] Council Meeting Agenda 4 July 28, 2010 RESOLUTIONS. Resolution No. 2010-42, RESOLUTION CONFIRMING COUNCIL APPOINTMENT TO THE KAUAI HISTORIC PRESERVATION REVIEW COMMISSION (David Ernest Helder, Architecture History, term ending 12/31/2012) Resolution No. 2010-43, RESOLUTION CONFIRMING COUNCIL APPOINTMENT TO THE PUBLIC ACCESS, OPEN SPACES, NATURAL RESOURCES PRESERVATION FUND COMMISSION (Maurice Shizuo Nakahara, At-Large, term ending 05/01/2011) BILLS FOR FIRST READING- Proposed Draft Bill (No. 2369) - AN ORDINANCE AMENDING ORDINANCE NO B-2010-706 AS AMENDED, RELATING TO THE CAPITAL 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 ($70,000 00 - Hanapepe Bridge Pedestrian Walkway Repairs) Proposed Draft Bill (No. 2370) - 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 ($76,000.00 - Contribution to Solid Waste Fund) Proposed Draft Bill (No. 2371) - AN ORDINANCE AMENDING ORDINANCE NO B-2010-706 AS AMENDED, RELATING TO THE CAPITAL 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 ($400,000 00 - Project Contingency) Proposed Draft Bill (No. 2372) - 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 ($822,391.00 - Solid Waste Fund, $603,121.00 - Sewer Fund) Council Meeting Agenda 5 July 28, 2010 Proposed Draft Bill (No. 2373) - 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 ($200,000 00 - Sewer Fund, `Ele`ele Main Replacement, Waialo Road & Highway) Proposed Draft Bill (No 2374) - A BILL FOR AN ORDINANCE TO AMEND 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 ($95,000 00 - Solid Waste - Host Community Benefit (CAC Process)) Proposed Draft Bill (No. 2375) - AN ORDINANCE AMENDING ORDINANCE NO B-2010-706, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011 BY REVISING THE BUDGET PROVISIONS (Kekaha Host Community Benefits accrued interest account) BILLS FOR SECOND READING Bill No. 2364, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Transient Vacation Rentals) (Planning Committee recommended approval as amended, see CR-PL 2010-13) Bill No. 2365 - A BILL FOR AN ORDINANCE AMENDING SECTION 21-1.3, SECTION 21-2.1, SECTION 21-2.2, SECTION 21-3.2, SECTION 21-3.3, SECTION 21-7 3, AND SECTION 21-9 1 OF THE KAUAI COUNTY CODE 1987, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT (Public Works/Elderly Affairs Committee recommended approval, see CR-PWE 2010-09) 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 7/14/2010) Council Meeting Agenda 6 July 28, 2010 EXECUTIVE SESSION Pursuant to Haw Rev. Stat. CH.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-455 Pursuant to Haw Rev Stat. sections 92-1 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 on legal ramifications of Integrated Assessment System (IAS) system fixes to Permanent Home Use (PHU) calculations 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-456 Pursuant to Haw Rev Stat. §§92-4 and 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 consult with legal counsel for the purposes of deliberating, deciding, and authorizing a proposed settlement in the case of Jane Doe v. County of Kauai, EEOC Charge No. 37-13-2009-00620 and FEPA NO K-15516, 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 related to this agenda item. ES-457 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 related to this agenda item. ES-458 Pursuant to Haw Rev Stat. §§92-4 and 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 consult with legal counsel for the purposes of deliberating, deciding, and authorizing a proposed settlement in the case of Kristan C. Hirakawa v. County of Kauai, 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. Council Meeting Agenda 7 July 28, 2010 ES-459 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 for briefing and consultation with legal counsel and authority to act regarding proposed offer of Agreement for Kedlia Kealanani: Makee & Kumukumu Subdivision 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: 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.