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HomeMy WebLinkAbout09-09-2009 Council Agenda COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, SEPTEMBER 9, 2009 9:15 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4:396 Rice Street, Room 201 Lihu`e, Kauai, Hawaii MEETING CALLED TO ORDER. n ROLL CALL. 4 APPROVAL OF AGENDA. N MINUTES of the following meetings of the Council: Council Meeting of August 5, 2009 Council Meeting of August 19, 2009 Public Hearing of August 19, 2009 re: Bills Nos 2:120 and 2321 COMMUNICATIONS: C 2009-294 Communication (08/04/2009) from the Chief of the Building Division, Department of Public Works, transmitting foi Council information, the Building Permit Information Reports for July 2009 that includes the following: 1) Building Permit Processing Report 2) Building Permit Estimated Value of Plans Summary 3) Building Permits Tracking Report 4) Building Permits Status C 2009-295 Communication (08/07/2009) from the County Engineer, transmitting a request to transfer $132,000 from the Capital Improvement Project (CIP) General Fund (Project Contingency Account) to Moana Kai (Fujii) Shoreline Design/Permit for addition it design cost of the Moana Kai Seawall. (,See Proposed Draft Bill No. 9323) III IF Council Meeting Agenda 2 September 9, 2009 Cl 2009-296 Communication (08/14/2009) from the Director of Finance and the Accounting Systems Administrator, transmitting the annual certified physical inventory reports for the fiscal year ending June 30, 2009. (Inventory List on file in the County Clerk's Office.) C 2009-297 Communication (time-stamped 09/18/2009) from the Director of Finance, transmitting for Council information, the Statement of Condition of the County Treasury as of June 16, 2009. C 2009-298 Communication (08/24/2009) from Diane Zachary, President & CEO, Kauai Planning; & Action Alliance, requesting agenda time to give the Council a briefing on the second edition of its New Community Indicators Report, "Measuring What Matters for Kauai" (Copy on file in the County Clerk's Office.) C 2009-299 Communication (08/26/2009) from the Planning Director, transmitting the Planning Commission's recommendation on Proposed Draft Bill No. 2322 to extend the deadline for obtaining a building permit for Additional Dwelling Units on non-residentially zoned land from December 15, 2009 to December 15, 2014. (Planning Commission's findings and staff report and transcripts on file in the County Clerk's Office.) (See Proposed Draft Bill No. 2322) C 2009-300 Communication (08/26/2009) from the Planning Director, transmitting the Planning Commission's recommendation to approve amendments relating to Kauai Lagoons Resort Density Amendment Project (MORI Golf (Kaua`i), I.LC (Applicant), Kalapaki, Lihu`e, Kauai, Hawaii, Tax Map Key No. (t) 3-5-01: por 27, 102, and por 168 as follows: 1) State Land Use District Boundary Amendment from Agricultural District (A) to Urban District (U) (See Proposed Draft Bill No. 2324) 2) County General Plan Amendment froin Open to Resort (See Proposed Draft Bill No. 2325) 3) County Zoning Amendment from Open District (O) to Residential District (R-2) (See Proposed Draft Bill No. 2326) 4) County Visitor Destination Area Amendment (See Proposed Draft Bill No. 2327) (Planning Commission's findings and staff report and transcripts ort file in the County Clerk's Office.) III % Council Meeting Agenda 3 September 9, 2009 C 2009-301 Communication (08/27/2009) from Councilmember Derek S.K. Kawakami, transmitting for Council consideration a Resolution approving the nomination of City & County of Honolulu Councilmembe?• Romy Cachola to the Board of Directors of the National Association of Counties (NACo) foa the fiscal year 2009-2010 term which was approved by the Hawaii State Association of Counties (HSAC) Executive Committee meeting held on August 17, 2009. (See Resolution No. 2009-52) C 2009-302 Communication (08/05/2009) from the Director of Parks & Recreation, requesting Council approval to accept a gift of $5,000 from the Florence Iwamoto Kauai Fund of the Hawaii Community Foundation which will fund specifically the Lihu`e Senior Center to cover the cost of completing the intergene rational interviews video project and to update equipment for video showing C 2009-303 Communication (08/06/2009) from the Chief of Police, requesting Council approval to expend approximately $12,000 from the Police Special Fund account which funds will he used to purchase new computers for the Kapa`a Substation and K61oa Substation. LEGAL DOCUMENT- C 2009-304 Communication (08/19/2009) from the Director of Parks & Recreation, transmitting for Council approval securing of a shared-use path property adjustment agreement at Wailua Bay View and right-of-entry and license agreement at Kapa`a Sands to access for construction the Lydgate Park to Kapa`a Bike/Pedestrian Path along Papaloa Road as follows (a) Property- Adjustment Agreement by and between the Association of Apartment Owners of Wailua flay View Apartments, a Hawaii Nonprofit Corporation, and the County of Kauai, portion of Tax Map Key No (4) 4-1-05:3, containing an area of approximately 1,080 square feet (b) Right-of-Entry and License Agreement by and between the County of Kauai, and the Association of Apartment Owners of Kapa`a Sands, containing an area approximately 2,134 square feet and Construction Parcel C-1 containing an area of approximately 13,437 square feet, both identified as being portions of Tax Map Key No. (4) 4-3-02 02. III III I Council Meeting Agenda 4 September 9, 2009 CLAIMS C 2009-305 Communication (08/28/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Leland Yadao for monetary d<uuages, including fees and interest related to posting bail, attornc,\ s' fees, and loss of income, and for loss and injury to his federal and state constitution all N- protected civil rights, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: PARKS/TRANSPORTATION COMMITTEE REPORT: CR-PKT 2009-03: on Bill No 2320 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 19, I AUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO PUBLIC PARKS AND RECREATION [Approved.] PUBLIC WORKS/ELDERLY AFFAIRS COMMITTEE REPORTS: CR-PWE 2009-04: on Bill No. 2321 A BILL FOP; AN ORDINANCE ESTABLISHING A NEW ARTICLE 19, CHAPTER 22 KAUAI COUNTY CODE 1987, RELY TING TO PLASTIC BAG REDUCTION [Approved as amended.] CR-PWE 2009-05: on PWE 2009-2 Communication (7/22/2009) from Tim Bynum, Committee Chair, requesting that the Director of Parks and Recreation, Director of Planning, and the County Engineer be present to provide an update on the short-term and long-term efforts to address the drainage issues at Po`ipu Beach Park. [Received for the record.] PUBLIC SAFETY/ENERGY/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-SEI 2009-05: on SEI 2009-4 Communication (8/10/09) from Derek S.K. Kawakami, Comnuttee Chair, requesting that Police Chief be present to brief the Council on the Police Department's continuing effort to minimize and curtail criminal activity in County parks [Received for the record.] III It Council Meeting Agenda 5 September 9, 2009 RESOLUTIONS Resolution No. 2009-52 - RESOLUTION TO APPROVE THE NOMINATION OF ROMY CACHOLA TO THE BOARD OF DIRECTORS OF THE NATIONAL 'S ASSOCIATION OF COUNT, p BILLS FOR FIRST READING 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) (Referred to the Planning Commission on July 22, 2009.) Proposed Draft Bill No 2323 - AN ORDINANCE AMENDING ORDINANCE NO B-2009-691 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($132,000 - Moana Kai (Fujii Shoreline Design/Permit) Proposed Draft Bill No 2324 - A BILL FOR AN ORDINANCE AMENDING STATE LAND USE DISTRICT BOUNDARY IN NAWILIWILI, KAUAI (MORI Golf (Kaua`i) LLC, Applicant) Proposed Draft Bill No 2325 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO PI\1-2006-382, RELATING TO GENERAL PLAN DESIGNATION IN NAWILIWILI, KAUAI (MORI Golf (Kaua`i), LLC., Applicant) Proposed Draft Bill No 2326 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITIONS IN ORDINANCE NO. PM-2006-383, RELATING TO ZONING DESIGNATION IN NAWILIWILI, KAUAI (_1\'IORI Golf (Kaua`i), LLC., Applicant) Proposed Draft Bill No 2327 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. PM-2000-384, RELATING TO VISITOR DESTINATION AREA DESIGNATION IN NAWILIWILI, KAUAI (MORI Golf (haua`i), LLC., Applicant) III It Council Meeting Agenda 6 September 9, 2009 BILLS FOR SECOND REAIANG: Bill No 2320 - A BII,[, FOR AN ORDINANCE TO AMEND CHAPTER 19, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PUBLIC PARKS AND RECREATION (See ('R-PKT 2009-03; Parhs/Transportation Committee recommended approval.) Bill No 2321, Draft I - A BILL FOR AN ORDINANCE ESTABLISHING A NEW ARTICLE 19, CHAPTER 22, KAUAI COUNTY CODE 1987, RELATING TO PLASTIC BAG REDUCTION (See CR-PWE 2009-04; Public Worhs/Elderly Affairs 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-400 Pursuant to H iw 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 provide the Council a briefing, update, and to request authoritS relating to an upcoming EEOC Mediation session in the case of Jana Doe v. County of Kauai, EEOC Charge no. 486-2009-00268 and related matters. This briefing and consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of t1w Council and the County as they relate to this agenda item ES-401 Pursuant to I-Llw.Rev Stat. §§92-4 and 92-5(a)(4) and (8), and Kauai County Charter §3.07(E), the purpose of this executive session is to provide a case status update and discuss possible settlement negotiations in Ervin Ferguson III, et al. Mike Contrades, et al., Civ. No 07-1-0036 (Fifth Circuit Court) and related matters. This legal consultation on the above-entitled lawsuit against the County, its department and employees, involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as theN relate to this agenda item. III III Council Meeting Agenda 7 September 9, 2009 ES-402 Pursuant to flaw.Rev.Stat. §§92-4, 92-5(.1)(4) and (8), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide the Council a briefing and status report on Barbara Robeson and Coren Diamond, Members of Protect our Neighborhood `Ghana vs. Planning Commission and Planning Department of the County of Kauai and County of Kauai, Civil No. 09-1-0214 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 this agenda item ADJOURNMENT. 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. Ball No 2298 - A BILL F01? AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE AND SINGLE-FAMILY TRANSIENT VACATION RENTALS 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. 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, 1100M 206,1:11WE, KAU \'L TELEPHONE NO. 241 -6371.