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Home My WebLink About08-25-2010 Council Meeting Agenda COUNCIL MEETING NOTICE and AGENDA RECEIVED WEDNESDAY AUGUST 25 2010 9:00 A.M. OR SOON THEREAFTER '10 AUG 19 P4 :21 COUNCIL CHAMBERS 3371-A Wilcox Road OFFICE of Lihu`e, Kauai, Hawaii 96766 THE COUNTY CLERK COUNTY OF KAUA 1 MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council. Council Meeting of July 28, 2010 Special Council Meeting of August 4, 2010 Special Meeting of August 11, 2010 COMMUNICATIONS: C 2010-222 Communication (07/19/2010) 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 shoreline setbacks. (Planning Commission's Recommendation, Proposed Ordinance, Staff Report, Transcripts and Testimonies from the June 22, 2010 and the July 13, 2010 Kaua`d Planning Commission Meetings on file in the County Clerk's Office.) (See Proposed Draft Bill No. 2376) C 2010-223 Communication (07/21/2010) from the Purchasing Division, Department of Finance, transmitting for Council information, the Fiscal Year 2009-2010 Fourth Quarter Statement of Equipment Purchases. (Report on file in the County Clerk's Office.) C 2010-224 Communication (07/23/2010) from the Director of Finance, transmitting for Council information, the Period 12 Financial Reports - Statement of Revenues as of June 30, 2010, pursuant to Section 17 and Section 20 of the Operating Budget Ordinance (B-2009-690). (Statement of Revenues - Estimated and Actual, Revenue Report, Statement of Expenditures and Encumbrances, and Detail Budget Report on file in the County Clerk's Office) Council Meeting Agenda 2 August 25, 2010 C 2010-225 Communication (08/11/2010) from Councilmember Derek S. K. Kawakami, providing written disclosure of a possible conflict of interest relating to the confirmation of liquor commissioners due to his family's business interests and recusing himself from discussing or participating in any decision making on the confirmation of liquor commissioners. C 2010-226 Communication (08/11/2010) from the County Auditor, transmitting for Council information the engagement of consultant services by the Office of the County Auditor to conduct up to three performance audits and pre-audits of the County's programs to reduce wages, starting with the partial hiring freeze and furlough programs, at an estimated cost of $70,000 00 which will be funded via FY 2010-2011 Office of the County Auditor's Consultant Services. C 2010-227 Communication (08/13/2010) from the Director of Finance and the Accounting Systems Administrator, transmitting the annual certified physical inventory reports for the fiscal year ending June 30, 2010 (Reports on file in the County Clerk's Office.) C 2010-228 Communication (08/13/2010) from Councilmember Tim Bynum, requesting Council consideration of an amendment to Chapter 8, Comprehensive Zoning Ordinance, to limit the density for lots in the Agriculture District resulting from subdivisions approved after the effective date of this ordinance to one house, for the purpose of establishing the premise that development on agricultural lands should be for agricultural purposes. (See Proposed Draft Bill No. 2377) C 2010-229 Communication (08/13/2010) from Councilmember Tim Bynum, requesting Council consideration of an amendment to Chapter 8, Comprehensive Zoning Ordinance, by requiring that a Class IV zoning permit be obtained in order to subdivide land in the State Land Use Agricultural District, and an amendment to Chapter 9, relating to the subdivision of land, by requiring the applicant to obtain a finding from the Planning Commission that the proposed subdivision's agricultural and master plan meets criteria designed to ensure that the subdivision will be used for agricultural purposes. (See Proposed Draft Bill No. 2378) C 2010-230 Communication (08/13/2010) from Councilmember Tim Bynum, requesting Council consideration of an amendment to Chapter 8, Comprehensive Zoning Ordinance, to limit the building envelopes for dwelling units built in Agriculture and Open Districts to 2,500 square feet and require a use permit for building envelopes in excess of 2,500 square feet, for the purpose of establishing the premise that development on agricultural lands should be for agricultural purposes. (See Proposed Draft Bill No. 2379) Council Meeting Agenda 3 August 25, 2010 C 2010-231 Communication (08/16/2010) from Councilmember Derek S. K. Kawakami, Hawaii State Association of Counties (HSAC) President, requesting that the Council submit legislative proposals to be considered and included in the 2011 Hawaii State Association of Counties Legislative Package by September 2, 2010 C 2010-232 Communication (07/21/2010) from the Director of Housing, requesting Council approval to decline the County's repurchase right to buy back Unit No. 708, Hookena at Puhi, located in Puhi at 2080 Manawalea Street, IShu`e Hawaii 96766 and for the Housing Agency to issue the owners a one-year waiver of the County's repurchase right effective the date of the Council's decision, thus permitting the owner to sell the unit on the open market for a period of one year C 2010-233 Communication (07/30/2010) from the Director of Parks and Recreation, requesting Council approval to accept a gift of $4,000 00 from the Florence Iwamoto Kauai Fund through the Hawaii Community Foundation, to be used specifically for the Uihu`e Senior Center to support inter-generational programs and for the purchase of equipment. C 2010-234 Communication (08/16/2010) from the Fire Chief, requesting Council approval to accept the donation of a Rescue Board (retail value $1,300 00) and a Rescue Sled (retail value $1,100 00) from the Kauai Visitors Bureau. C 2010-235 Communication (08/19/2010) from the Director of the Office of Economic Development, requesting Council approval to apply for, receive and expend funds from the U.S Department of Agriculture Rural Development's High Energy Cost Grant Program for approximately $1.4 million. (High Energy Cost Grant Program Application Guide on file in the County Clerk's Office.) LEGAL DOCUMENTS: C 2010-174 Communication (6/29/2010) from the Mayor, recommending Council approval of a Grant of Pedestrian Access Easement for Lepeuli Beach. Grant of Pedestrian Access Easement by and between the Waioli Corporation and the County of Kauai of real property identified in Transfer Certificate of Title No. 54,084 and further described as TMK (4) 5-1-03-003. (Deferred 07/07/2010) CLAIMS. C 2010-236 Communication (08/16/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Nancy Grover for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 4 August 25, 2010 COMMITTEE REPORTS- BUDGET & FINANCE COMMITTEE CR-BF 2010-20: on 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 [Approved.] ECONOMIC DEVELOPMENT/HOUSING COMMITTEE CR- EDH 2010-02: on EDH 2010-2 Communication (8/12/2010) from EDH Committee Chair Dickie Chang, requesting the presence of Bob Craver, Director of the Kauai Marathon to provide an update on the 2010 Kauai Marathon. [Received for the record.] BILLS FOR FIRST READING- Proposed Draft Bill (No. 2376) - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE Proposed Draft Bill (No 2377) - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (DENSITY IN THE AGRICULTURE DISTRICT) Proposed Draft Bill (No 2378) - A BILL FOR AN ORDINANCE TO AMEND CHAPTERS 8 AND 9 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE SUBDIVISION OF AGRICULTURAL LAND Proposed Draft Bill (No. 2379) - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (BUILDING ENVELOPES IN THE AGRICULTURE AND OPEN DISTRICTS) BILLS FOR SECOND READING 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 ($220,000 - Council Services) (The Budget & Finance Committee recommended approval, see CR-B&F 2010-20) Council Meeting Agenda 5 August 25, 2010 EXECUTIVE SESSION Pursuant to Haw. Rev Stat. CHR.S.') §92-7(a), the Council may, when deemed necessary, hold an executwe 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.) 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 Council Meeting Agenda 6 August 25, 2010 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. 2366 -- A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO VISITOR DESTINATION AREA DESIGNATION FOR WAIPOULI, KAPAA, KAUAI, HAWAII 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) 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) 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) 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) 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) 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)) 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) 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