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Home My WebLink About06-03-2009 COUNCIL AGENDA COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, JUNE 3, 2009 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu e, Kaua i, Hawai i MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council. Council Meeting of May 20 2009 Public Hearing of May 20 2009 re Bill No 2812 and Bill No 231.3 Public Hearing of May 27 2009 re C 2009-184 COMMUNICATIONS. C 2009-198 Communication (04/24/2009) from the Director of Personnel, transmitting for Council information, the third quarter reports (January-March 2009) relative to vacancies established positions new hires reallocations and promotions (Report on file in the County Clerk's Office.) C 2009-194 Communication (04/28/2009) from Virginia Kapali, Chairperson, Kauai Salary Commission, transmitting for Council information, Resolution No 2009-01 relating to the salaries of certain officers and employees of the County of Kauai which was adopted by the Salary Commission at its April 28 2009 meeting and recommending amendments to the Kauai County Code related to salaries of certain officers the County Council, and Council Services employees Council Meeting Agenda 2 June .3 2009 C 2009-195 Communication (05/01/2009) from the Planning Director transmitting the Planning Commissions recommendation relating to Proposed Draft Bill No 2291 to approve increasing the amount of the fine from $500 to $2,000 for persons convicted of violating permitting or causing the violation of any of the provisions contained in the Comprehensive Zoning Ordinance (CZ(_)) (See Proposed Draft Bill No. 2291) C 2009-196 Conununication (05/04/2009) from the Planning Director transmitting the Planning Commission s recommendation relating to Proposed Draft Bill No 2290 to approve allowing Small Wind Energy Conversion Systems (S W.E.C.S) as permitted use in certain County zoning districts subject to requirements and standards as set forth in the proposed draft bill. (Draft bill, Planning Commission's findings and staff report, agency comments, and transcripts on file in the County Clerk's Office.) (See Proposed Draft Bill No. 2290 and Proposed Draft Bill No. 2317) C 2009-197 Conununication (05/04/2009) from the Planning Director transmitting the Planning Commission s recommendation relating to Proposed Draft Bill No 2298 to approve allowing farm worker housing in the Agriculture Zoning District through the Use Permit process (Draft bill, Planning Commission's findings and staff report, agency comments, and transcripts on file in the County Clerk's Office.) (See Proposed Draft Bill No. 2293 and Proposed Draft Bill No. 2318) C 2009-198 Conununication (05/08/2009) from the Director of Personnel Services transmitting for Council information, the following classification request which the Department of Personnel Services will be reviewing and taking appropriate action. • Public Works Department, Position No 15.39 (Redescription - Review of Plumber II) C 2009-199 Conununication (05/13/2009) from the Director of Personnel Services transmitting for Council information, the following classification request which the Department of Personnel Services will be reviewing and taking appropriate action. • Prosecuting Attorney Position No 2801 (Redescription - Review of Special Investigator) Council Meeting Agenda .3 June .3 2009 C 2009-200 Communication (05/14/2009) from Angelica Tran, representing Waimea High Schools 9th Grade Class requesting agenda time to make a presentation regarding traffic safety from Intersections Beach (also known as Intas') to First Ditch (in the vicinity of Kekaha Gardens) and recommending a change to the speed limit on Kaumuali i Highway from 50 m.p.h. to .35 m.p.h. C 2009-201 Communication (05/04/2009) from the Executive on Transportation, requesting Council approval to receive and expend $400 000 of a Section 117-Surface Transportation Projects Federal earmark for a comprehensive Multi-Modal Land Transportation System Plan for the County of Kauai. C 2009-202 Conununication (05/08/2009) from the Housing Director requesting Council approval to decline the repurchase of Unit No 602, Hookena at Puhi, located at 2080 Manawalea Street, Lihu e, Kauai, Hawaii, 96766 and provide the owner with a one-year waiver of the resale restriction. C 2009-203 Conununication (05/15/2009) from the Prosecuting Attorney requesting Council approval to apply for receive and expend the following Byrne Justice Assistance Grant (JAG) pursuant to the American Recovery and Reinvestment Act of 2009 (ARRA) in the amount of $191079 for salaries and training for the Office of the Prosecuting Attorney as well as to replace AED Equipment, support the K-PAL football and cheerleading programs and provide training and overtime for the Kauai Police Department. These funds will be expended for this program from July 1 2009 to June .30 2010 C 2009-204 Communication (05/20/2009) from Hawai i Association of Counties (HSAC) Vice President Derek S.K. Kawakami, requesting Council approval of the proposed slate of HSAC Executive Committee Officers for the Fiscal Year 2009-2010 term as follows • Derek S.K. Kawakami - President • Nestor Garcia - Vice-President • Dennis Fresh ( )nishi - Secretary • Joseph Pontanilla - Treasurer Council Meeting Agenda 4 June .3 2009 C 2009-205 Request (05/22/2009) from the Office of the County Attorney for authorization to expend additional funds up to $20 000 for special counsel to represent the Planning Commission of the County of Kaua i in Planning Commission of the County of Kauai vs. Patricia W. & Michael G. Sheehan, Sr. Permit Numbers Special Management Area Use, Permit SMA (U) 87-8 Use Permit U-87-32 Special Permit SP-87-9 Class IV Zoning Permit Z-IV-87-40 (Order to Show Cause Hearings) and related matters LEGAL DOCUMENT C 2009-206 Communication (05/21/2009) from the Housing Director recommending for Council approval a Third Amended Agreement for Kaua i Lagoons Affordable Housing to allow for an extension of time up to August 17 2009 for the developer to obtain Certificates of Occupancy for 82 of the required affordable housing units • Third Amended Agreement (Kauai Lagoons Affordable Housing) COMMITTEE REPORTS BUDGET & FINANCE COMMITTEE REPORTS: CR-B&F 2009-17 on Bill No 2312 A BILL FOR AN ORDINANCE AMENDING CHAPTER 17A, KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO BITS FARES FOR THE COT NTY BTTS SYSTEM [Approved as amended.] CR-B&F 2009-18: on Bill No 231.3 AN ORDINANCE AMENDING ORDINANCE NO B- 2008-672 AS AMENDED RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2008 THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Prosecuting Attornev) [Approved.] PARKS/TRANSPORTATION COMMITTEE REPORT: CR-PKT 2009-01: on P/REC 2007-2 ('ommunication (3/15/22007) from Tim Bynum, Parks & Recreation Committee Chair requesting that the Admiiustration be present to provide the status on responses to the January 19, 2006 follow-up questions regarding Bill No. 2149 Relating to Camping at Lvdgate Park. [Received for the record.] Council Meeting Agenda 5 June .3 2009 BILLS FOR FIRST READING Proposed Draft Bill No 2290 - A BILL FOR AN ORDINANCE TO ESTABLISH A NEW ARTICLE 28 CHAPTER 8 KAUA I COUNTY CODE 1987 RELATING TO SMALL WIND ENERGY CONVERSION SYSTEMS (Referred to the Planning Commission on October 22, 2008.) Proposed Draft Bill No 2291 - A BILL FOR AN ORDINANCE AMENDING SECTION 8-24.1 KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Referred to the Planning Commission on November 6, 2008.) Proposed Draft Bill No 2293 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8 KAUAI COUNTY CODE 1987 RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Farm Worker Housing) (Referred to the Planning Commission on November 19, 2008.) Proposed Draft Bill No 2317 - A BILL FOR AN ORDINANCE TO ESTABLISH A NEW ARTICLE 28 CHAPTER 8 KAUAI COUNTY CODE 1987 RELATING TO SMALL WIND ENERGY CONVERSION SYSTEMS (Planning Commission's recommendation.) Proposed Draft Bill No 2318 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8 KAUAI COUNTY CODE 1987 RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Farm Worker Housing) (Planning Commission's recommendation.) BILLS FOR SECOND READING Bill No 2312 Draft 1 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 17A, KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO BUS FARES FOR THE COUNTY BUS SYSTEM (See CR-B&F 2009-17, Budget & Finance Committee recommended approval.) Bill No 2313 - AN ORDINANCE AMENDING ORDINANCE NO B-2008- 672 AS AMENDED RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1 2008 THROUGH JUNE 30 2009 BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Prosecuting Attorney) (See CR-B&F 2009-18, Budget & Finance Committee recommended approval.) Council Meeting Agenda 6 June .3 2009 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 H.R.S §92-5(a) and Kauai County Charter §3 07E. (Confidential reports on file in the County Attorneys Office and/or the County Clerks Office Discussions held in Executive Session are closed to the public.) ES-386 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 case of County of Kauai vs. Darius Wu, et al., Civil No 08-1-017.3 (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 relate to this agenda item. ES-387 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 on Planning Commission of the Countv of Kaua i vs. Patricia W. & Michael G. Sheehan, Sr. Permit Numbers Special Management Area Use, Permit SMA (U) 87-8, Use Permit U-87-32, Special Permit SP-87-9 Class IV Zoning Permit Z-IV- 87-40 (Order to Show Cause Hearings) 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-385 Pursuant to Haw Rev Stat. Sections 92-4, 92-5(a)(4) and (8) and Kauai County Charter section .3 07(E) the purpose of this executive session is to provide the Council a briefing on the Charter amendments adopted in the 2008 General Election and other related matters 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 legal ramifications and/or requirements and/or claims and/or potential claims relating to this agenda item. (Deferred 0512012009) 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, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO 241-6371