HomeMy WebLinkAbout11-24-2010-W council meeting agenda
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY NOVEMBER 24 2010
9:00 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
3371-A Wilcox Road
Lihu`e, Kauai, Hawaii 96766 R E C E 6 a E D
MEETING CALLED TO ORDER. 610 NOV 16 P11 56
ROLL CALL. OFFICE O
THE COUNTY Ci..B
COUNTY OF KAUAI
APPROVAL OF AGENDA.
MINUTES of the following meeting of the Council.
Special Council Meeting of November 8, 2010
Public Hearing of November 10, 2010 re. Bills Nos. 2381, 2382, 2383 and 2384
Special Council Meeting of November 17, 2010
COMMUNICATIONS:
C 2010-297 Communication (10/25/2010) from the Chief, Engineering Division,
Department of Public Works, transmitting for Council consideration, a
traffic resolution establishing school bus stops on Holoikalapa Street
and Pilipoli Road within the Pi`ilani Mai Ke Kai Subdivision (Anahola
Residence Subdivision Unit 6 Phase 1) (See Resolution No. 2010-56)
C 2010-298 Communication (10/25/2010) from the Chief, Engineering Division,
Department of Public Works, transmitting for Council consideration, a
traffic resolution amending Resolution No. 42 (1981) to remove the
existing school bus stop at Lobe Road, K51oa District. (See Resolution
No. 2010-57)
C 2010-299 Communication (10/26/2010) from the Chief, Engineering Division,
Department of Public Works, transmitting for Council consideration, a
traffic resolution establishing stops and stop lines on Koloa Road at its
intersection with Weliweli Road, K51oa District, as recommended in
the Koloa-Po`ipu Area Circulation Plan. (See Resolution No. 2010-58)
C 2010-300 Communication (10/29/2010) from the Director of the Office of
Economic Development, requesting agenda time to present the Kauai
Economic Development Plan Update/Comprehensive Economic
Development Strategy (CEDS) 2010.2015
Council Meeting Agenda 2 November 24, 2010
C 2010-301 Communication (11/09/2010) from the Director of Personnel Services,
transmitting for Council information, the first quarter reports (July -
September 2010) relative to vacancies, new hires, reallocations and
promotions, in addition to new positions established, pursuant to
Section 20 of the County Budget Ordinance.
C 2010-302 Communication (10/26/2010) from the Director of Parks and
Recreation, requesting Council approval to accept the donation of a
3' x 6' table from the Kauai Filipino Chamber of Commerce, valued at
$300 00, that will be used at the Wailua Golf Course for a variety of
meetings and gatherings.
C 2010-303 Communication (10/26/2010) from the Director of Parks and
Recreation, requesting Council approval to accept the anonymous
donation of five (5) picnic tables, valued at $2,000 00, which will be
placed at various parks on the island.
C 2010-304 Communication (11/01/2010) from the Director of Parks and
Recreation, requesting Council approval to receive and expend
additional Emergency Contingency Funds (ECF) Temporary
Assistance for Needy Families (TANF) funds in the amount of
$16,552.15 to provide supplies, equipment, and meal service for the
2010 Summer Enrichment Program.
C 2010-305 Communication (11/10/2010) from the Kauai Emergency Management
Officer, requesting Council approval to receive and expend FY 2010
Homeland Security Grant Program Funds via State Civil Defense
totaling $931,487 00 for the following programs:
(1) FY 2010 State Homeland Security Program ($906,508.00) to
provide the County of Kauai with funding for planning,
equipment, training and exercises to support emergency
preparedness, prevention, response and recovery; and
(2) FY 2010 Citizen Corps Program ($24,979 00) to provide training
for the County of Kauai Citizen Corps volunteers in supporting
shelter management operations.
C 2010-306 Communication (11/15/2010) from the Prosecuting Attorney,
requesting Council approval for the following:
(1) To apply for, receive, and expend federal funds from the FY 2007
Edward Byrne Memorial Justice Assistance Grant in the
amount of $130,447 00, to be used during the period
January 1, 2011 to August 31, 2011 for digitizing closed files;
and
(2) To indemnify the State of Hawaii, Department of the Attorney
General.
Council Meeting Agenda 3 November 24, 2010
C 2010-307 Communication (11/02/2010) from Councilmember Kawakami, Chair of
the Public Safety/Energy/Intergovernmental Relations Committee,
requesting that the Administration submit its legislative proposals for
inclusion in the 2011 Kauai County Legislative Package for discussion
and consideration at the November 24, 2010 Council Meeting.
C 2010-308 Communication (11/03/2010) from the First Vice Chair of the Kauai
Salary Commission, transmitting for Council consideration, Salary
Commission Resolution No. 2010-1, relating to the salaries of certain
officers and employees of the County of Kauai, which was adopted by
the Salary Commission at its November 3, 2010 meeting.
• Salary Commission Resolution No. 2010-1
C 2010-309 Communication (11/18/2010) from Councilmember Kaneshiro,
transmitting for Council consideration a proposed Bill For An
Ordinance to Amend Chapter 8, Kauai County Code 1987, As
Amended, Relating To The Comprehensive Zoning Ordinance that
authorizes the Planning Commission of the County of Kauai to process
and issue zoning permits, use permits, subdivision approvals, and
variance permits for "transient accommodation units" pursuant to the
provisions of Article III, Section 3 19 of the Kauai County Charter
(See Proposed Draft Bill (No. 2386))
C 2010-310 Communication (11/18/2010) from Council Chair Asing, requesting to
address significant issues & concerns raised during the 2008-2010
Council term, such as:
• Policies, procedures, and protocol relating to changes to the County
Council website;
• Distribution of Council Services documents in an equitable and
timely manner; and
• Sexual harassment & workplace violence policies; follow-up to
discussion held on October 13, 2010, regarding Communication No
C 2010-283.
LEGAL DOCUMENT-
C 2010-311 Communication (11/12/2010) from the Director of Housing,
recommending Council approval of the conveyance of 4.080 acres of
real property to the County for the development of affordable rental
units at Pa`anau Village - Phase 2.
• Limited Warranty Deed by Kukui`ula Development Company
(Hawai`i), LLC (Grantor) conveying to the County of Kauai
(Grantee) Lot No. 4-B, Subdivision S-2007-20, TMK (4) 2-6-
15-20, Pa`anau Village - Phase 2.
COMMITTEE REPORTS:
BUDGET & FINANCE COMMITTEE
CR-B&F 2010-28: on Bill No. 2381 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
Council Meeting Agenda 4 November 24, 2010
JULY 1, 2010 THROUGH JUNE 30,
2011, BY REVISING THE SURPLUS
AND APPROPRIATIONS ESTIMATED
IN THE LIQUOR FUND ($450,000 00 -
Claims and Judgments/General Liability)
(APPROVED)
CR-B&F 2010-29• on Bill No. 2382 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 ($79,555 00 -
Salaries, Prosecuting Attorney's Office)
(APPROVED)
CR-B&F 2010-30: on Bill No. 2383 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 (Solid Waste
Appropriation, Other Services $50,000,
Computer Peripherals/Supplies $2,400
and Controlled Assets $4,900)
(APPROVED)
CR-B&F 2010-31: on Bill No. 2384 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 (Kapaia
Swinging Bridge $40,000) (APPROVED)
RESOLUTIONS:
Resolution No. 2010-56, RESOLUTION ESTABLISHING SCHOOL BUS
STOPS ON HOLOIKALAPA STREET AND ON PILIPOLI ROAD, PIILANI MAI
KE KAI SUBDIVISION, KAWAIHAU DISTRICT, COUNTY OF KAUAI
Resolution No. 2010-57, RESOLUTION AMENDING RESOLUTION NO 42
(1981) BY DELETING EXISTING SCHOOL BUS STOP, KALAHEO, KOLOA
DISTRICT
Council Meeting Agenda 5 November 24, 2010
Resolution No. 2010-58, RESOLUTION ESTABLISHING STOP SIGNS AND
STOP LINES ON KOLOA ROAD AT ITS INTERSECTION WITH WELIWELI
ROAD, KOLOA DISTRICT, COUNTY OF KAUAI
Resolution No. 2010-59, RESOLUTION AUTHORIZING THE
ACQUISITION OF THE FEE SIMPLE INTEREST IN LANDS REQUIRED FOR
PUBLIC USE TO WIT- AN ADDITION TO THE PUBLIC PARK SYSTEM,
SITUATED AT HANALEI, DISTRICT OF HALELE`A, COUNTY OF KAUAI,
STATE OF HAWAII, AND DETERMINING AND DECLARING THE NECESSITY
OF THE ACQUISITION THEREOF BY EMINENT DOMAIN (See ES-474)
BILL FOR FIRST READING-
Proposed Draft Bill (No. 2386) - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8 OF THE KAUAI COUNTY CODE, 1987, AS AMENDED, RELATING
TO THE PERMITTING PROCESS FOR TRANSIENT ACCOMMODATION UNITS
BILLS FOR SECOND READING
Bill No. 2381 - 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 LIQUOR FUND ($450,000.00 - Claims
and Judgments/General Liability) (See CR-B&F 2010-28, Budget & Finance
Committee recommended approval on 11/17/2010)
Bill No. 2382 - 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 ($79,555.00 -
Salaries, Prosecuting Attorney's Office) (See CR-B&F 2010-29; Budget & Finance
Committee recommended approval on 11/17/2010)
Bill No. 2383 - 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 (Solid Waste
Appropriation, Other Services $50,000, Computer Peripherals/Supplies $2,400 and
Controlled Assets $4,900) (See CR-B&F 2010-30, Budget & Finance Committee
recommended approval on 11/1712010)
Bill No. 2384 - 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 (Kapaia Swinging
Bridge $40,000) (See CR-B&F 2010-31, Budget & Finance Committee recommended
approval on 11/1712010)
Council Meeting Agenda 6 November 24, 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-474 Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(3) and
(4), and Kauai County Charter Section 3 07(E), the purpose of this
executive session is to provide Council with a briefing and consultation
and for Council to deliberate regarding a Resolution Authorizing the
Acquisition of Fee Simple Interest in Lands Required for Public Use to
Wit: An Addition to the Public Park System, Situated at Hanalei,
District of Halele`a, County of Kaua'i, Hawaii and Determining and
Declaring the Necessity of the Acquisition Thereof by Eminent
Domain, and related matters concerning the authority of persons
designated by the Council to negotiate the acquisition of public
property or during the conduct of such negotiations and to consult with
the Council's legal counsel on issues pertaining to the Council's
powers, duties, privileges, immunities, and/or liabilities as they may
relate to this item, deliberate and take such action as appropriate.
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. (See Resolution
No. 2010-59)
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.