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HomeMy WebLinkAbout11-04-2009 Council Agenda COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, NOVEMBER 4, 2009 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 'G OCT ?9 r)6:04 Li1hu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Special Council Meeting of October 14, 2009 Public Hearing of October 21, 2009 re: Bill No. 2328 and Bill No. 2329 COMMUNICATIONS: C 2009-334 Communication (10/22/2009) from Bill "Kaipo" Asing, Council Chair, requesting an update by Dr Karl Kim and the Planning Department on the Important Agriculture Lands Study. C 2009-335 Communication (09/18/2009) from the Chief of the Engineering Division, Department of Public Works, transmitting for Council approval, resolutions to establish crosswalks, stops, stop lines, speed limits, school bus stops, and public transportation bus stops within the Port Allen Residential Subdivision, Koloa District. (See Resolution Nos. 2009-63, 2009-64, 2009-65, 2009-66, and 2009-67) C 2009-336 Communication (10/01/2009) from the Chief of the Building Division, Department of Public Works, transmitting for Council information, the Building Permit Information Reports for August 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 Council Meeting Agenda 2 November 4, 2009 C 2009-337 Communication (10/01/2009) from the Chief of the Building Division, Department of Public Works, transmitting for Council information, the Building Permit Information Reports for September 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 2009-338 Communication (10/07/2009) from the Assistant Chief Procurement Officer, transmitting for Council information, the Fiscal Year 2009- 2010 First Quarter Statement of Equipment Purchases. (Report on file in the County Clerk's Office.) C 2009-339 Communication (10/08/2009) from the Chief of the Engineering Division, Department of Public Works, transmitting for Council approval, a resolution which establishes a 15 m.p.h. speed limit for the entire length along Makamae Place for the Canela Residential Subdivision in Hanalei. (See Resolution No. 2009-68) C 2009-340 Communication (10/09/2009) from Councilmember Derek S.K. Kawakami, transmitting for Council consideration, amendments to Chapter 16, Article 20, of the Kauai County Code 1987, by adding a new section relating to the use of mobile electronic devices while operating a vehicle. (See Proposed Draft Bill No. 2336) C 2009-341 Communication (10/15/2009) from Council Vice Chair Jay Furfaro, transmitting for Council consideration, amendments to Chapter 5A, Article 11A, Section 5A-11A.1, of the Kauai County Code 1987, by amending the Limitations to Taxes For Property Used for Long Term Affordable Rental. (See Proposed Draft Bill No. 2337) C 2009-342 Communication (10/23/2009) from Councilmember Tim Bynum, transmitting for Council consideration, a resolution amending the County Council's rules to permit the Council Chair to place items received after the deadline set forth in Rule 15 on the agenda, provided that notice meets the requirements of Section 92-7 of the Hawaii Revised Statutes. (See Resolution No. 2009-69) Council Meeting Agenda 3 November 4, 2009 C 2009-343 Communication (10/23/2009) from the Housing Director, transmitting for Council consideration, an amendment to the 2009-2010 Capital Budget Ordinance - General Fund appropriation for Affordable Housing which intends to expand the proposed use of said funds beyond dust infrastructure improvements. (See Proposed Draft Bill No. 2338) C 2009-344 Communication (10/01/2009) from the County Engineer, requesting Council approval to write-off delinquent tipping fees in the amount of $6,044.98 for Eric Taniguchi dba Eric Taniguchi Trucking & Equipment ("Taniguchi") (Account 455445-432027), pursuant to Kauai County Code Section 21-9.4, relating to uncollectible delinquent tipping fee accounts (Department of Public Works Solid Waste Division). C 2009-345 Communication (10/01/2009) from the Office of Economic Development Director, requesting Council approval to apply for, receive, indemnify, and expend approximately $100,000 in grant funds from the Hawaii Tourism Authority's Natural Resources Program which will help to fund the Po`ipu Beach Restoration Study. C 2009-346 Communication (10/06/2009) from the Housing Director, requesting Council approval to apply for, receive, indemnify, and expend $132,000 in Fiscal Year 2009 Administration Fee Funding for Housing Choice Voucher Family Self-Sufficiency Program Coordinator salaries from the U.S. Department of Housing and Urban Development which will be utilized to fund two (2) existing positions, and applicable fringe benefits associated with the positions. C 2009-347 Communication (10/12/2009) from the Boards and Commissions Administrator, requesting Council approval to erase and/or dispose of all stored analog and digital audio recordings from various boards and commissions meetings, all of which have been transcribed into minutes and approved by the respective board or commission. (Hawai`i Revised Statutes §92-F-12 (a) (16) and OIP Opinion Letter No. 08-02 on file in the County Clerk's Office.) C 2009-348 Communication (10/13/2009) from the Housing Director, requesting Council approval to decline repurchase of Unit No 73, Villas at Puali, located at 1978 Hokulei Place, Lihu`e, Hawal`i 96766, and provide the owners a one-year waiver of the County's repurchase right effective the date of the Council's decision. Council Meeting Agenda 4 November 4, 2009 C 2009-349 Communication (10/13/2009) from the Housing Director, requesting Council approval to decline repurchase of Unit No. 81, Villas at Puali, located at 1481 Haleukana Street, Lihu`e, Hawaii 96766, and provide the owners a one-year waiver of the County's repurchase right effective the date of the Council's decision. C 2009-350 Communication (10/13/2009) from the Housing Director, requesting Council approval to decline repurchase of Unit No. 35, Villas at Puali, located at 1961 Hokunui Place, Lihu`e, Hawaii 96766, and provide the owners a one-year waiver of the County's repurchase right effective the date of the Council's decision. C 2009-351 Communication (10/16/2009) from the Executive on Aging, Agency on Elderly Affairs, requesting Council approval to receive, expend three (3) Federal grant funds, and indemnify the State Executive Office on Aging, in the amount of $271,399 which is the combined total that covers funding from July 1, 2009 through September 29, 2012 as follows: 1) "Development and Implementation of a Person-Centered Hospital Discharge Model" is for the period of July 1, 2009 through September 29, 2012 in the amount of $154,750 over a three (3) year period, 2) "Aging and Disability Resource Centers: Empowering Individuals to Navigate Their Health and Long Term Support Options" is for the period of September 30, 2009 through September 29, 2012 in the amount of $58,286 over a three (3) year period; and 3) "Hawai`i's Community Living Program: Supporting Choice and Independence in the Community" for the period September 30, 2009 through September 29, 2011 in the amount of $58,383 over a two (2) year period. C 2009-352 Request (10/29/2009) from the Office of the County Attorney for authorization to expend additional funds up to $65,000 to engage special counsel to represent Defendants Department of Transportation and County of Kauai in the lawsuit entitled Kathleen Ali Quin v. County of Kaua'i, Department of Transportation (USDCT) Civ. No. CV 08-00507 JMS/BMK and related matters. Council Meeting Agenda 5 November 4, 2009 C 2009-353 Request (10/29/2009) from the Office of the County Attorney requesting approval to expend up to $25,000 for special counsel's continued representation of County defendants in Michael G. Ching v. Kauai County Council, Civil No. 05-1-0080 (Fifth Circuit Court); County of Kauai, et al. v. Office of Information Practices, et al., Civil No. 05-1-0088 (Fifth Circuit Court) and Raymond L. Chuan and Walter S. Lewis v. County of Kauai, et al., Civil No. 05-1-0168 (Fifth Circuit Court) and related matters. LEGAL DOCUMENT: C 2009-354 Communication (10/19/2009) from the Housing Director, requesting Council approval of Contract No. 4359, Pa`anau Development Sewage Treatment Agreement, Third Amendment as follows: • Third Amendment to Contract No. 4359 between Kukul'ula South Shore Community Services ("KUSSCS") and the County of Kauai establishing new fees for sewage treatment services to the Pa`anau Development for a five (5) years period beginning July 1, 2009 which establishes a new base fee of $4 per thousand gallons and a minimum monthly charge of $2,600. CLAIMS: C 2009-355 Communication (10/19/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Juliette Souza for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: ECONOMIC DEVELOPMENT/HOUSING COMMITTEE REPORT: CR-EDH 2009-09: on EDH 2009-8 Communication (10/20/2009) from Committee Chair Dickie Chang, requesting the presence of George Costa, Director of Economic Development, to provide an update on the Office of Economic Development's activities relating to the Kauai Marathon and to hear from Bob Craver, Director, Kauai Marathon. [Received for the record.] RESOLUTIONS: Resolution No. 2009-62, RESOLUTION AMENDING RULES OF THE COUNCIL OF THE COUNTY OF KAUAI FOR THE ORGANIZATION OF COMMITTEES AND THE TRANSACTION OF BUSINESS (Travel Requests) (Deferred 10/21/2009) Council Meeting Agenda 6 November 4, 2009 Resolution No. 2009-63, RESOLUTION ESTABLISHING A CROSSWALK AT PORT ALLEN RESIDENTIAL SUBDIVISION, KOLOA DISTRICT, COUNTY OF KAUAI Resolution No. 2009-64, RESOLUTION ESTABLISHING A SCHOOL BUS STOP AT `OKUPU STREET, PORT ALLEN RESIDENTIAL SUBDIVISION, KOLOA DISTRICT, COUNTY OF KAUAI Resolution No 2009-65, RESOLUTION ESTABLISHING SPEED LIMITS WITHIN PORT ALLEN RESIDENTIAL SUBDIVISION, KOLOA DISTRICT, COUNTY OF KAUAI Resolution No. 2009-66, RESOLUTION ESTABLISHING A PUBLIC TRANSPORTATION BUS STOP AT `OKUPU STREET, PORT ALLEN RESIDENTIAL SUBDIVISION, KOLOA DISTRICT, COUNTY OF KAUAI Resolution No. 2009-67, RESOLUTION ESTABLISHING STOP SIGNS AND STOP LINES ON COUNTY ROADWAYS WITHIN PORT ALLEN RESIDENTIAL SUBDIVISION, KOLOA DISTRICT, COUNTY OF KAUAI Resolution No. 2009-68, RESOLUTION ESTABLISHING SPEED RESTRICTION FOR MAKAMAE PLACE, HANALEI DISTRICT, COUNTY OF KAUAI Resolution No. 2009-69, RESOLUTION AMENDING RULES OF THE COUNCIL OF THE COUNTY OF KAUAI FOR THE ORGANIZATION OF COMMITTEES AND THE TRANSACTION OF BUSINESS BILLS FOR FIRST READING Proposed Draft Bill No. 2336 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 16, ARTICLE 20, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE TRAFFIC CODE Proposed Draft Bill No 2337 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA`I COUNTY CODE 1987, RELATING TO LIMITATION OF TAXES ON PROPERTY USED FOR LONG TERM AFFORDABLE RENTAL Council Meeting Agenda 7 November 4, 2009 Proposed Draft Bill No. 2338 - AN ORDINANCE AMENDING ORDINANCE NO. B-2009-691, 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 PROJECT DESCRIPTION IN THE GENERAL FUND (Affordable Housing - $1,000,000.00) BILLS FOR SECOND READING- Bill No. 2319, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Amending Article 27, Chapter 8, Kauai County Code 1987, relating to Shoreline Setbacks and Coastal Protection) (Deferred 1012112009) 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-407 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. Kauai Village Associates, et al., Civil No. 09-1-0153 (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-408 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 Kathleen Ali Quin v. County of Kauai, Department of Transportation (USDCT) Civ. No. 08-00507 JMS/BMK 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 Council Meeting Agenda 8 November 4, 2009 ES-409 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 Michael G. Ching v. Kauai County Council, Civil No 05-1-0080 (Fifth Circuit Court); County of Kauai, et al. v. Office of Information Practices, et al., Civil No. 05-1-0088 (Fifth Circuit Court) and Raymond L. Chuan and Walter S. Lewis v. County of Kauai, et al., Civil No. 05-1-0168 (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. 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, 43 RICE STREET , ROOM 206, URU`E, KAU A`1. TELEPHONE N0.241-6371.