HomeMy WebLinkAboutCOUNCIL AGENDA 03-27-2008COUNCIL MEETING NOTICE and AGENDA
THURSDAY, MARCH 27, 2008
9:00 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
Historic County Building
4396 Rice Street, Room 201
Lihu`e, Kauai, Hawaii
MEETING CALLED TO ORDER.
ROLL CALL.
APPROVAL OF AGENDA.
MINUTES of the followine meetines of the Council:
Special Council Meeting of March 11, 2008
COMMUNICATIONS:
C 2008-69 Communication (02/22/2008) from the Director, Department of
Finance, requesting Council approval to establish Risk Manager and
Fair Labor Standards Act (FLSA) Payroll Specialist positions within
the Department of Finance. (See Proposed Draft Bill No. 2259)
C 2008-70 Communication (02/26/2008) from the Director, Department of
Finance, transmitting for Council information a copy of the Kauai
Humane Society's Second Quarter Report for Fiscal Year (FY) 2008,
Field Services Statistics for the first half of FY 2008, Cash Flow
Analysis, and News Bulletin.
C 2008-71 Communication (03/01/2008) from the Housing Director, Kauai County
Housing Agency, transmitting for Council action a resolution to
authorize the filing of the 2008 Action Plan for the County's 5-Year
Consolidated Plan to the U.S. Department of Housing and Urban
Development (HUD), and to appropriate funding for the 2008
Community Development Block Grant (CDBG) projects. (See
Resolution No. 2008-12)
Council Meeting Agenda
March 27, 2008
C 2008-72 Communication (03/01/2008) from the Housing Director, Kauai County
Housing Agency, transmitting for Council action a resolution
authorizing the filing of the 2008 Action Plan for the County's 5-Year
Consolidated Plan to the U.S. Department of Housing and Urban
Development (HUD), and to appropriate funding for the 2008 HOME
Investment Partnerships Program (HOME) projects. (See Resolution
No. 2008-13)
C 2008-73 Communication (03/04/2008) from the Director, Department of
Finance, transmitting for Council information the Period 7 Financial
Reports -Statement of Revenues as of January 31, 2008. (Statement
of Revenues-Estimated and Actual (Listing), Statement of
Expenditures and Encumbrances (Listing), Revenue Report (Listing),
and Detail Budget Report (Listing) on file in the County Clerk's Office.)
C 2008-74 Communication (03/14/2008) from Mayor Bryan J. Baptiste,
submitting his Fiscal Year (FY) 2008-2009 Budget Message, along with
his proposed Operating Budget and Capital Improvements Budget.
(Detailed Line Item Budget on file in the County Clerk's Office.) (See
Resolution No. 2008-14 and Proposed Draft Bills No. 2260 and
No. 2261)
C 2008-75 Communication (03/19/2008) from Councilmember Ron Kouchi
regarding Council discussion at the March 27, 2008 Council meeting
with County legal consultant Scott Ruby on Mr. Ruby's review of
Chapter 26, "Special Improvement Financing by Community Facilities
District," Kauai County Code 1987 (Chapter 26, K.C.C. 1987), and
proposed amendments to Chapter 26, K.C.C. 1987.
C 2008-76 Communication (03/20/2008) from Councilmember JoAnn A.
Yukimura, transmitting for Council approval two (2) proposed
resolutions requesting support for State funding as it relates to taro
research on the apple snail problem in Hawaii and to create a Taro
Security and Purity Task Force through the State legislative process.
(See Resolution No. 2008-15 and Resolution No. 2008-16)
C 2008-77 Communication (02/04/2008) from the County Engineer, Department of
Public Works, requesting Council approval to receive and expend grant
funds from the Federal Highway Administration through the State
Department of Transportation (STIP) for the following projects, which
require 20% County funding match and execution of all tasks
necessary for completion:
1) Hanapepe Bridge Pedestrian Walkway
Repairs and Replacement $100,000
2) Koke`e Road Resurfacing $160,000
3) Opaeka`a Bridge Replacement $800,000
4) Pu`u opae Bridge Replacement $400,000
Council Meeting Agenda
March 27, 2008
C 2008-78 Communication (03/07/2008) from the Deputy County Clerk, Office of
the County Clerk, requesting Council approval to expend $28,431 from
the County Clerk's Fiscal Year (FY) 2007-2008 Operating Budget to
purchase furniture and other equipment necessary to conduct the 2008
walk-in voting in the Historic County Building Annex.
CLAIMS:
C 2008-79 Communication (03/04/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by American International
Recovery as subrogee of Frank and Marcelita Rita for damages to
their vehicle, pursuant to Section 23.06, Charter of the County
of Kauai.
C 2008-80 Communication (03/06/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Diane Ziesing for
damages to her rental vehicle, pursuant to Section 23.06, Charter of
the County of Kauai.
C 2008-81 Communication (03/13/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Elaina Bereiter for
damages to her vehicle, pursuant to Section 23.06, Charter of the
County of Kauai.
COMMITTEE REPORTS:
FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORTS:
CR-F/ED 2008-7: on Bill No. 2254
AN ORDINANCE AMENDING ORDINANCE NO. B-
2007-656 AS AMENDED, RELATING TO THE
OPERATING BUDGET AND FINANCING
THEREOF OF THE COUNTY OF KAUAI, STATE
OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2007
THROUGH JUNE 30, 2008, BY REVISING THE
SURPLUS AND APPROPRIATIONS ESTIMATED IN
THE GENERAL FUND ($22,000 -School Crossing
Guards (15), Police Department)
[Approved.]
COMMUNITY ASSISTANCE/INTERGOVERNMENTAL RELATIONS
COMMITTEE REPORT:
CR-CA/IGR 2008-3: on CA/IGR 2008-3
Communication (3/13/2008) from Committee
Chair Iseri-Carvalho, requesting a status
report & update on Executive Order
transfer of certain State Lands on Kauai to
the County for the purpose of developing
workforce housing opportunities.
[Received for the record.]
Council Meeting Agenda
CR-CA/IGR 2008-4: on CA/IGR 2008-2
4 March 27, 2008
Communication (2/21!2008) from Committee
Chair Iseri-Carvalho, requesting that the
Administration provide a status report on the
legislative bills included in the 2008 Kauai
County Legislative Package and the 2008
Hawaii State Association of Counties
Legislative Package, and other legislative
bills which the Administration is either
tracking or has provided testimony that may
have an impact on the counties, and
requesting follow-up information as
discussed at the 2120!2008 Committee
meeting.
[Received for the record.]
RESOLUTIONS:
Resolution No. 2008-04, RESOLUTION SUPPORTING S.B. 958, S.D.1,
H.D.1 TO IMPOSE ATEN-YEAR MORATORIUM ON DEVELOPING, TESTING,
PROPAGATING, CULTIVATING, GROWING, AND RAISING OF GENETICALLY
MODIFIED TARO IN THE STATE OF HAWAII (Deferred 3/l2/2(1a8)
Resolution No. 2008-12, RESOLUTION AUTHORIZING THE FILING OF
THE KAUAI COUNTY 2008 ACTION PLAN (COMMUNITY DEVELOPMENT
BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER
TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
AND 1987 {PUBLIC LAWS 93-383 AND 100-242), AS AMENDED
Resolution No. 2008-13, RESOLUTION AUTHORIZING THE FILIN(x OF
THE KAUAI COUNTY 2008 ACTION PLAN {HOME INVESTMENT
PARTNERSHIPS PROGRAM) WITH THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT
UNDER TITLE II OF THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE
HOUSING ACT {PUBLIC LAW 101-625), AS AMENDED
Resolution No. 2008-14, RESOLUTION ESTABLISHING THE REAL
PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2008 TO
JUNE 30. 2009 FOR THE COUNTY OF KAUAI
Resolution No. 2008-15, RESOLUTION SUPPORTING THE FUNDING FOR
STATEWIDE TARO RESEARCH ON THE APPLE SNAIL IN HAWAII
Resolution No. 2008-16, RESOLUTION SUPPORTING THE CREATION
AND FUNDING OF A TARO SECURITY AND PURITY TASK FORCE TO
ADDRESS THE MAJOR PROBLEMS FACING THE TARO INDUSTRY IN AN
INCLUSIVE, RESPECTFUL, FACILITATED FORUM
Council Meeting Agenda
BILLS FOR FIRST READING:
March 27, 2008
Proposed Draft Bill (No. 2259) - AN ORDINANCE AMENDING
ORDINANCE NO. B-2007-656 AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2007 THROUGH JUNE 30, 2008, BY REVISING THE SURPLUS
ESTIMATED IN THE GENERAL FUND (Salaries, Finance Accounting -Risk
Manager $21,714 and FLSA Specialist $11,394)
Proposed Draft Bill (No. 2260) - A BILL FOR AN ORDINANCE RELATING
TO THE OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL
YEAR JULY 1, 2008 TO JUNE 30, 2009
Proposed Draft Bill (No. 2261) - A BILL FOR AN ORDINANCE RELATING
TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL
YEAR JULY 1, 2008 TO JUNE 30, 2009
BILLS FOR SECOND READING:
Bill No. 2254 - AN ORDINANCE AMENDING ORDINANCE NO. B-2007-656
AS AMENDED, RELATING TO THE OPERATING BUDGET AND FINANCING
THEREOF OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE
FISCAL YEAR JULY 1, 2007 THROUGH JUNE 30, 2008, BY REVISING THE
SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND
($22,000 - School Crossing Guards (15), Police Department) (The
Finance/Fconomic Development Committee recommended approval of Bill
No. 2254 on second and final reading on 03/19/2008; see CR-F/FD 2008-7)
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-329 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), the purpose of this
executive session is to provide a Council briefing on Ted Erum, Jr., v.
County of Kauai. Koloa Marketulace. LLC, et al., Civ. No. 08-00113
SOM/BMK (U.S. District Court, District of Hawaii) and associated
matters. This 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 6 March 27, 2008
ES-330 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), and County of
Kauai Charter §3.07(E), the purpose of this executive session is to
provide a Council briefing on Wal-Mart Real Estate Business Trust, et
(Fifth Circuit Court)
involves consideration
and/or liabilities of the
agenda item.
annine Commission, et al., Civ. No. 07-1-0181
and associated matters. This consultation
of the powers, duties, privileges, immunities
Council and the County as they relate to this
ADJOURNMENT.
Council Meeting Agenda 7 March 27, 2008
NCaTE: 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 Cauncil will reconvene to camplete any unfinished
business.
Bill No. 2255 - AN ORDINANCE AMENDING ORDINANCE NO. 8-2007-657 AS A1f1ENDED,
RELATING TO THE CAPITAL BUDGET OF THE COU.~VTY OF KAUAI, STATE OF HAtVAII,
FOR THE FISCAL YEAR JULY 1, 2007 THROUGH JUNE 30, 2008, BY REVISING THE
SURPLUS AND APPROPRIATIONS ESTI~VIATED IN THE GENERAL FUND (Pond Kai Seawall
Emergency Repairs - x'650,00; `Alioma~au Temporary Road Repair -$'300,000; Kapa~z Ocean 1-Year
Field Study - x'30D, 000; Moana Kai (Fujii) Shoreline Design/Permit - $20D, 000: Kapa cc Beach
Shoreline Protection DesigralPermit - $200, 000; Countywide Impact Fee arad 11Teeds Assessment Study
- X250, 000; Solidwaste Programs (Replenishment) - ~fi2, 620, 000; Hanapepe c~ Wa.imea Levees -
~$1,250,000; and Hanalei PolicelFireAsbestos Removal, Repairs, Reraouatiora -x'300,000; for a total of
.$' 6, 070, 000)
Bill No. 2256 - AN ORDINANCE AMENDING ORDINANCE NO. 8-2007-656 AS AIl1ENDED,
RELATING TO THE OPERATING B UDGET OF THE C.O UNTY OF I~~ UA I, STATE OF HA t~VAI I,
FOR THE FISCAL YEAR JULY 1, 2007 THROUGH JUNE 30, 2008, BY REVISING THE
SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Controlled Assets
(Equipment) - x'6;7%6 and Other Small Equipment (Furniture) - x'u,9,437 for the Historic County
Building' Aranex; for a total of x'105,213)
Bill No. 225% - A~'~r ORDINANCE ~~'I~lENDING ORDINANCE NO. 8-200%-657 AS ~~'l1ENDED,
RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUA`l, STATE OF HAGVAI`l,
FOR THE FISCAL YEAP JULY 1, 2007 THROUGH JUNE 30, 2008, BY REVISING THE
SURPL~IS AND APPROPRL4Tl0~'~rS ESTL'~14TED IN THE GENERAL FIND (Project Coratirageracy
- .$'1,200, 000; Black Pot Expansion - x'1, 000, OOD; Pouli Road Design - $500, 000,• grad Ele ale Nani Park
Sidewalks .$277,617,• for a total of .$2,977,617 which transfers from the General Frcrad -Kilauea
Bridge Project)
Far 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
an 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
«rich 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.