HomeMy WebLinkAbout04-09-2008 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, APRIL 9, 2008
9:00 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
Historic County Building
4,396 Rice Street, Room 201
Lihu e, Iiaua i, Hawai i
MEETING CALLED TO ORDER.
ROLL CALL.
APPROVAL OF AGENDA.
MINUTES of the following meetings of the Council.
Council Meeting of February 27 2008
Council Meeting of March 12, 2008
Special Council Meeting of March 12, 2008
Public Hearing of March 27 2008 re Bills Nos 2255 2256 and 2257
COMMUNICATIONS.
C 2008-82 Communication (08/10/2008) from the Chief, Building Division,
Department of Public Works transmitting for Council information,
the Building Permit Information Reports for the months of January
and February 2008 that includes the following items
1 Building Permit Processing Report
2 Building Permit Estimated Value of Plans Summary
.3 Building Permits Tracking Report
4 Building Permits Status
C 2008-83 Communication (03/12/2008) from the Housing Director Kauai
County Housing Agency informing the Council that the Housing
Agency needs to contract with one or more consultants to perform
predevelopment activities and project feasibility for a potential
affordable housing site and that a portion of the $2 million line item
in the Bond Fund for Affordable Housing will be used to complete the
due diligence for the Project Feasibility & Pre-Development Expense.
Council Meeting Agenda 2 April 9 2008
C 2008-84 Communication (03/27/2008) from the Director of Parks and
Recreation, requesting agenda time to provide a status update on the
Ke Ala Hele Makalae project which encompasses Phase II-Kapa a Lihi
Boat Ramp to Kealia Kuna Bay
C 2008-85 Communication (04/02/2008) from Councilmember Shaylene Iseri-
Carvalho National Association of Counties (NACo) Board Member
transmitting for Council action a resolution designating
April 6 -12, 2008 as National County Government Week and that
Renae Hamilton, YWCA Director will be providing an informative
presentation on the Resolution. (See Resolution No. 2008-17)
C 2008-86 Communication (04/03/2008) from Councilmember Ron Kouchi,
transmitting for Council action a proposed bill to amend Chapter 26
Kauai County Code 1987 as amended, relating to special
improvement financing by community facilities districts (See
Proposed Draft Bill No. 2262)
C 2008-87 Conununication (04/03/2008) from Councilmember Shaylene Iseri-
Carvalho requesting that the Administration (County Engineer) be
present to provide a status report on the overall repair and
maintenance issues of the Police, Prosecuting Attorney and Civil
Defense Complex.
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 $100000
2) Koke e Road Resurfacing $160000
3) Opaeka a Bridge Replacement $800000
4) Pu a opae Bridge Replacement $400000
(The Public Works Committee recommended approval of
C 2008-77; see CR-PW 2008-5)
Council Meeting Agenda .3 April 9 2008
C 2008-88 Communication (02/25/2008) from the Chief of Police requesting
Council approval to purchase/replace one hundred twenty-four (124)
Police Officers bulletproof vests for this fiscal year and if funds are
not sufficient from the Collective Bargaining Raises Account
(originally requested seventy-seven (77) bulletproof vests) then funds
from the department s Criminal Assets Fund will be utilized.
C 2008-89 Communication (03/05/2008) from the Fire Chief, requesting Council
approval to receive and expend a grant of $1000 from the Hawaii
Chapter of the International Association of Arson Investigators to
defray the cost of expenses to attend the International Annual General
Meeting (AGM) and seminar that will be held in Denver at the end of
April.
C 2008-90 Conununication (03/17/2008) from the Director of Economic
Development, requesting Council approval to accept and expend
$250 000 from the Hawaii Tourism Authority (HTA) for
improvements to Ha ena County Beach Park, for which $500 000 is
currently reserved for this project in the Northshore Parks District
Trust Fund, and approval of HTA s indemnification clause
C 2008-91 Communication (08/25/2008) from the Housing Director requesting
Council approval to purchase a new color network printer at a cost of
$5 167 which funds are available in the Fiscal Year 2007-2008
Housing Agency s General Fund-Operating Budget.
C 2008-92 Request (04/02/2008) from the Office of the County Attorney for
authorization to expend up to $50 000 for special counsel to represent
the County defendants in Ted Erum, Jr., v. County of Kauai, Koloa
Marketplace, LLC, et al., Civ No 08-0011.3 S(_)M/BMK (U.S District
Court, District of Hawai i) and related matters
C 2008-93 Request (04/02/2008) from the Office of the County Attorney for
authorization to expend up to $50 000 for special counsel to represent
the County defendants in Wal-Mart Real Estate Business Trust, et al.,
v. Kauai County Planning Commission, et al. Civ No 07-1-0181
(Fifth Circuit Court) and related matters
Council Meeting Agenda 4 April 9 2008
CLAIMS
C 2008-94 Communication (03/18/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Elaine Bowes for damages
to her vehicle pursuant to Section 23 06 Charter of the County
of Kauai.
COMMITTEE REPORTS
CR-F/ED 2008-8: on Bill No 2256 AN ORDINANCE AMENDING ORDINANCE NO B.
2007-656 AS AMENDED RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF
IiATTAI, 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 Wontrolled
Assets (Equipment) $65,776 and Other Small
Equipment (Furniture) $39437 for the Historic
County Building Annex; for a total of $105,2131
[Approved as amended.]
PUBLIC WORKS COMMITTEE REPORTS:
CR-PW 2008-5: on C 2008-77 ('ommunication (02/04/2008) from the County
Engineer Department of Public Works, requesting
(_',ouncil 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 200o Comity funding
match and execution of all tasks necessary for
completion.
1) Hanapepe Bridge Pedestrian Walkway Repairs
and Replacement $100 000
2) Kske'e Road Resurfacing $160 000
3) Opaeka'a Bridge Replacement $800,000
4) Pti ti opae Bridge Replacement $400 000
[Approved.]
CR-PW 2008-6 on Bill No 2257 AN ORDINANCE AMENDING ORDINANCE NO B.
2007-657 AS AMENDED RELATING TO THE
CAPITAL BUDGET OF THE COUNTY OF KAUAI,
STATE OF HAWAI I, FOR THE FISCAL YEAR JULY
1, 2007 THROUGH JUNE 30, 2008, BY REVISING
THE STTRPLTTS AND APPROPRIATIONS
ESTIMATED IN THE GENERAL FUND (Project
Contingency $1,200,000 Black Pot Expansion
$1,000,000 Pouh Road Design $500,000 and Ele'ele
Nam Park Sidewalks $277 617 for a total of
$2,977 617 which transfers from the General Fund -
Mlauea Bridge Project)
[Approved.]
Council Meeting Agenda 5 April 9 2008
CR-PW 2008-7 on PW 2008-1 Communication (3/19/2008) from Committee Chair
Mel Rapozo, requesting that the Administration
report on the status of the Coastal Erosion Study
under contract with the University of Hawa i relating
to the seawall fronting the Pono Kai Resort, the
seawall fronting Kapa'a Beach, and the Moanakai
Road/Fujii Beach revetment.
[Received for the record.]
CR-PW 2008-8: on PW 2007-11 ('ommunication (9/19/2007) from Shaylene Iseri
Carvalho, Public Works Committee Vice Chair
requesting that the Administration be present to
discuss an action plan, timeline and cost proposal for
the repair removal, and/or maintenance of Napa a
Beach Revetment; and
on PW 2007-12 ('ommuiucation (9/19/2007) from Shaylene Iseri
Carvalho, Public Works Committee Vice Chair
requesting that the Administration be present to
discuss an action plan, timeline and cost proposal for
the repair and/or maintenance of Moanakai Road
alignment/Fuji( Beach Revetment.
[Received for the record.]
CR-PW 2008-9: on Bill No 2255 AN ORDINANCE AMENDING ORDINANCE NO
B-2007-657 AS AMENDED RELATING TO THE
CAPITAL BUDGET OF THE COUNTY OF KAUAI,
STATE OF HAWAI I, FOR THE FISCAL YEAR JULY
1, 2007 THROUGH JUNE 30, 2008, BY REVISING
THE STTRPLTTS AND APPROPRIATIONS
ESTIMATED IN THE GENERAL FUND (Pono Kai
Seawall Emergency Repairs $650,000 Ahomanu
Temporary Road Repair $300,000 Kapa'a Ocean 1
Year Field Study $300,000 Moana Kai (Fujii)
Shoreline Design/Permit $200,000 Kapa a Beach
Shoreline Protection Design/Permit $200 000
Countywide Impact Fee and Needs Assessment
Study $250,000 Solidwaste Programs
(Replenishment) $2,620,000 Hanapepe & Waimea
Levees $1,250 000 and Hanalei Police/Fire Asbestos
Removal, Repairs, Renovation $300 000 for a total of
$6,070,000)
[Approved.]
COMMUNITY ASSISTANCE/INTERGOVERNMENTAL RELATIONS
COMMITTEE REPORTS:
CR-CA/IGR 2008-5: on CA/IGR 2008-5 Communication (3/20/2008) from Council Vice
Chair Mel Rapozo, requesting that the
Housing Director provide an update and
progress report on the Kaua'i Lagoons
workforce housing projects ("Courtyard at
Waipouli" and the proposed site adjacent to
the Kaua'i Lagoons property near Kapule
Highway)
[Received for the record.]
Council Meeting Agenda 6 April 9 2008
CR-CA/IGR 2008-6: on CA/IGR 2008-4 ('ommunication (3/20/2008) from ('ommittee
Chair Shavlene Iseri-Carvalho, requesting that
the Administration provide a status report on the
following
a) SB 2170 SD1/HB 2220, SB 2171/HB 2218,
SB 2172/HB 2219 and SB 2173/HB 2221, which
were included in the 2008 Hawa i State
Association of Counties Legislative Package, and
b) HB 2217 HDl SDl, SB 2295 SDl, and
SB 3105 SDl, relating to the Office of Information
Practices, and
c) A bill to eliminate certain powers from the
Governor in declaring a state of emergency
[Received for the record.]
RESOLUTIONS
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
(Deferred 0312712008)
Resolution No 2008-1.3 RESOLUTION AUTHORIZING THE FILING 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 CRANST(-)N-G(_)NZALEZ NATIONAL AFFORDABLE
HOUSING ACT (PUBLIC LAW 101-625) AS AMENDED
(Deferred 0312712008)
Resolution No 2008-17 RESOLUTION DESIGNATING APRIL 6-12 2008
AS NATIONAL COUNTY GOVERNMENT WEEK
BILLS FOR FIRST READING
Proposed Draft Bill (No 2262) - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 26 OF THE KAUAI COUNTY CODE 1987 AS AMENDED RELATING
TO SPECIAL IMPROVEMENT FINANCING BY COMMUNITY FACILITIES
DISTRICTS
Council Meeting Agenda 7 April 9 2008
BILLS FOR SECOND READING
Bill No 2255 - AN ORDINANCE AMENDING ORDINANCE NO B-2007-
657 AS AMENDED RELATING TO THE CAPITAL BUDGET 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 (Pono Kai Seawall
Emergency Repairs - $65000. Aliomanu Temporary Road Repair - $300000
Kapa a Ocean 1-Year Field Study - $300000- Moana Kai (Fujii) Shoreline
Design/Permit - $200000 Kapa a Beach Shoreline Protection Design/Permit -
$200000 Countywide Impact Fee and Needs Assessment Study - $250 000-
Solidwaste Programs (Replenishment) - $2,620 000 Hanapepe & Waimea Levees -
$1,250 000 and Hanalei Police/Fire Asbestos Removal, Repairs Renovation -
$300 000 for a total of $6 070 000) (The Public Works Committee recommended
approval of Bill No. 2255 on second and final reading on 0410912008, see
CR-PW 2008-9)
Bill No 2256 Draft 1 - AN ORDINANCE AMENDING ORDINANCE NO 13-
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 AND
APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Controlled Assets
(Equipment) - $65 776 and Other Small Equipment (Furniture) - $39 4.37 for the
Historic County Building Annex; for a total of $105,213) (The Finance/Econonric
Development Committee recommended approval of Bill No. 2256, Draft I oil
second and final reading on 0410912008, see CR-F/ED 2008-8)
Bill No 2257 - AN ORDINANCE AMENDING ORDINANCE NO B-2007-
657 AS AMENDED RELATING TO THE CAPITAL BUDGET 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 (Project
Contingency - $1,200 000- Black Pot Expansion - $1000 000. Pouli Road Design -
$500 000 and Ele ele Nani Park Sidewalks $277 617 for a total of $2,977 617
which transfers from the General Fund - Kilauea Bridge Project) (The Public
Works Committee recommended approval of Bill No. 2257 on second and
final reading on 0410912008, see CR-PW 2008-6)
Council Meeting Agenda 8 April 9 2008
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 Attorneys Office and/or the County Clerks Office Discussions
held in Executive Session are closed to the public.)
ES-331 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 the retaining of
special counsel for Ted Erum, Jr., v. County of Kauai, Koloa
Marketplace, 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.
ES-332 Pursuant to Haw.Rev Stat. §§92-4 and 92-5(a)(4) and County of Kaua i
Charter §3 07(E) the purpose of this executive session is to provide a
Council briefing on the retaining of special counsel for Wal-Mart Real
Estate Business Trust, et al., v. Kaua i County Planning Commission,
et al., Civ No 07-1-0181 (Fifth Circuit Court) 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.
ES-333 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) and Kaua i County
Charter §3 07 E. the purpose of this executive session is to consult
with the Office of the County Attorney concerning the County s legal
options pertaining to claims or potential claims regarding repair and
maintenance issues at the Police/Prosecuting Attorney/Civil Defense
Building 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.
ADJOURNMENT
Council Meeting Agenda 9 April 9 2008
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. 2258 A BILL FOR AN ORDINANCE TO APPROVE A THREEw EAR CONTRACT
FOR ANNEAL FINANCIAL AUDITS (2007-2008,2008-2009, 2009-2010)
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 FIFE (5)
DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK,
4396 RICE STREET, ROOM 206, LIHU`E, KAUAI.
TELEPHONE NO 241-6371