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Home My WebLink About07-22-2009 Council Agenda COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, JULY 22, 2009 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu`e, Kauai, Hawaii 09 JtJC 16 P 7 MEETING CALLED TO ORDER. } E rY ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Council Meeting of July 8, 2009 Public Hearing of July 8, 2009 re: Bills Nos 2291, 2317, and 2318 Special Council Meeting of July 15, 2009 COMMUNICATIONS: C 2009-248 Communication (07/01/2009) from the Director of Parks & Recreation, transmitting for Council consideration a Resolution establishing a crosswalk, stop signs, shared-use path, and redefining traffic lanes on Papaloa Road. (See Resolution No. 2009-46) C 2009-249 Communication (07/06/2009) from the Assistant Chief Procurement Officer, transmitting for Council information, the Fiscal Year 2008/2009 Fourth Quarter Statement of Equipment Purchases. (Report on file in the County Clerk's Office.) C 2009-250 Communication (07/09/2009) from Council Chair Bill "Kaipo" Asing, transmitting for Council consideration a Resolution to repeal Resolution No. 2006-20 and reappoint Theresita Kinnaman and Jean Nishida Souza to the Public Access, Open Space, Natural Resources Preservation Fund Commission (See Resolution No. 2009-47) Council Meeting Agenda 2 July 22, 2009 C 2009-251 Communication (07/16/2009) from Councilmember Dickie Chang and Vice Chair Jay Furfaro, transmitting for Council consideration, a resolution to establish a Special Advisory Committee to review and recommend amendments to the rules of the County Council of the County of Kauai. (See Resolution No. 2009-48) C 2009-252 Communication (07/09/2009) from Councilmember Derek S.K. Kawakami, transmitting for Council consideration, an amendment to Chapter 19, Article 1, Section 19-1.4, Kauai County Code 1987, relating to prohibition of intoxicating liquor in public parks and recreation facilities. (See Proposed Draft Bill No. 2320) C 2009-253 Communication (07/09/2009) from Councilmembers Tim Bynum and Lani T Kawahara, transmitting for Council consideration, an amendment to Chapter 22 of the Kauai County Code 1987, relating to plastic bag reduction at retail establishments. (See Proposed Draft Bill No. 2321) C 2009-254 Communication (07/16/2009) from Council Vice Chair Jay Furfaro, transmitting for Council consideration, an amendment to Chapter 8, Kauai County Code 1987, relating to extending the deadline for obtaining building permits for additional dwelling units on non-residentially zoned land. (See Proposed Draft Bill No. 2322) C 2009-255 Communication (07/10/2009) from Council Vice-Chair Jay Furfaro, providing written disclosure regarding his oral declaration at the July 8, 2009 Council Meeting of a possible conflict of interest and recusal on item C 2009-239 (relating to accepting donation of picnic tables), because he is the Secretary for the Salvation Army and Treasurer for the Kokua Soup Kitchen. C 2009-256 Communication (07/01/2009) from the Anti-Drug Coordinator, requesting Council approval to apply for, receive, and expend $11,000 from the National Methamphetamine Training and Technical Assistance Grant to organize and educate community members and stakeholders on the need for an adolescent residential substance abuse treatment center on Kauai. C 2009-257 Communication (07/06/2009) from the Housing Director, requesting Council approval to decline repurchase of Unit No 44, Villas at Puah, located at 1988 Hokunui Place, Lihu`e, Hawaii 96766, and provide the owners the ability to sell the unit on the open market for a one-year period. Council Meeting Agenda 3 July 22, 2009 C 2009-258 Communication (07/08/2009) from the Director of Parks and Recreation, requesting Council approval to apply for, receive, and expend $4.2 million of American Recovery and Reinvestment Act of 2009 funding for the Lydgate Park to Kapa`a phase of the Nawiliwili to Anahola bike and pedestrian path project C 2009-259 Communication (06/16/2009) from the Councilmembers Lani T. Kawahara and Tim Bynum, requesting agenda time to discuss the following: 1) Councilmembers' access to the agenda. 2) The placement of public documents, including meeting minutes on the County's website. 3) Equitable and timely circulation of Council Services documents 4) General access to information by the public and Councilmembers. [Referred 06/16/2009] C 2009-202 Communication (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. (Deferred 0710812009) C 2009-260 Request (07/16/2009) from the County Attorney for an agenda item on July 22, 2009 to consider the evaluation of officers and/or employees where consideration of matters affecting privacy will be involved and associated matters LEGAL DOCUMENT: C 2009-261 Communication (07/06/2009) from the Director of Parks and Recreation, transmitting for Council approval to secure a shared-use path construction right-of-entry and easement at the Department of Land & Natural Resources parcel for improvements to the Lydgate Park to Kapa`a Bike/Pedestrian Path as follows: • Grant of Perpetual, Non-Exclusive Easement to the County of Kauai, Bike/Pedestrian Purposes, and Issuance of a Right-of-Entry Permit, Kapa`a, Kawaihau, Kauai, Tax Map Key: (4) 4-6-14-portion of 30, dated May 8, 2009 (Board of Land and Natural Resources PSF No. 09KD-039 (Kaua`i)); and • To indemnify, defend, and hold the State of Hawaii, Department of Land & Natural Resources harmless. Council Meeting Agenda 4 July 22, 2009 CLAIMS. C 2009-262 Communication (07/01/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Alan K. Buchan for damages to his personal property, pursuant to Section 23.06, Charter of the County of Kauai. C 2009-263 Communication (07/06/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Myles Azeka for damages to his vehicle, pursuant to Section 23 06, Charter of the County of Kauai. COMMITTEE REPORT- PLANNING COMMITTEE REPORT: CR-PL 2009-06: on 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 [Approved.] RESOLUTIONS. Resolution No. 2009-46, RESOLUTION ESTABLISHING A CROSSWALK, STOP SIGNS, SHARED-USE PATH, AND REDEFINING TRAFFIC LANES ON PAPALOA ROAD, KAPA`A DISTRICT, COUNTY OF KAUAI Resolution No. 2009-47, RESOLUTION REPEALING RESOLUTION NO. 2006-20, AND REAPPOINTING MEMBERS TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND COMMISSION Resolution No 2009-48, RESOLUTION TO ESTABLISH A SPECIAL ADVISORY COMMITTEE TO REVIEW AND RECOMMEND AMENDMENTS TO THE RULES OF THE COUNTY COUNCIL OF THE COUNTY OF KAUAI BILLS FOR FIRST READING- Proposed Draft Bill No. 2320 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 19, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PUBLIC PARKS AND RECREATION Council Meeting Agenda 5 July 22, 2009 Proposed Draft Bill No. 2321 - A BILL FOR AN ORDINANCE ESTABLISHING A NEW ARTICLE 19, CHAPTER 22, KAUAI COUNTY CODE 1987, RELATING TO PLASTIC BAG REDUCTION Proposed Draft Bill No. 2322 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (ADU Building Permit deadline extension for non-residentially zoned land) BILLS FOR SECOND READING: 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 (See CR-PL 2009-06; Planning Committee recommended approval.) 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 Attorney's Office and/or the County Clerk's Office Discussions held in Executive Session are closed to the public.) ES-392 Pursuant to Haw. Rev. Stat. sections 92-4, 92-5(a)(2), (4) and (8), and Kauai County Charter §3.07(E), the purposes of this executive session are to consider the evaluation of officers and/or employees where consideration of matters affecting privacy will be involved and associated 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. Council Meeting Agenda 6 July 22, 2009 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. 2319 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER e, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Arnending Article 27, Chapter 8, Kauai County Code 1987, relating to Shoreline Setbacks and Coastal Protection) 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, pasted 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. 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.