HomeMy WebLinkAbout04-23-2008 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, APRIL 23, 2008
9:00 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
Historic County Building
4,396 Rice Street, Room 201
Lihu e, Kaua i, Hawai i
MEETING CALLED TO ORDER.
ROLL CALL.
APPROVAL OF AGENDA.
MINUTES of the following meetings of the Council.
Public Hearing of April 9 2008 re. Bill No 2258
COMMUNICATIONS.
C 2008-95 Communication (02/06/2008) from the Director of Finance
transmitting for Council information, Statement of Condition of the
County Treasury as of February 6 2008
C 2008-96 Communication (03/03/2008) from Chief, Engineering Division,
transmitting for Council action, a traffic resolution establishing a
school bus stop in the vicinity of 6607A Olohena Road. (See
Resolution. No. 2008-18)
C 2008-97 Communication (03/03/2008) from Chief, Engineering Division,
transmitting for Council action, a traffic resolution establishing a
school bus stop on Kawaihau Road in the vicinity of Makaleha Place
(See Resolution. No. 2008-19)
C 2008-98 Communication (03/28/2008) from the Chief, Engineering Division,
transmitting for Council action, a traffic resolution establishing school
bus stops on the shoulder of both sides of Kawaihau Road in the
vicinity of 6181 Kawaihau Road. (See Resolution No. 2008-20)
Council Meeting Agenda 2 April 28 2008
C 2008-99 Communication (08/25/2008) from the Director of Finance
transmitting the Period 8 Financial Reports - Statement of Revenues
as of February 29 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 2008-100 Communication (04/07/2008) from Councilmember Ron Kouchi,
providing written disclosure of a possible conflict of interest on
CA/IGR 2008-5 from the April 2 2008 Conununity
Assistance/Intergovernmental Relations Conunittee meeting agenda,
(specifically as it relates to the Courtyard at Waipouli project)
concerning his employer Kauai Development, L.L.C
C 2008-101 Conununication (04/14/2008) from Councilmember Shaylene Iseri-
Carvalho transmitting for Council action, two (2) proposed bills
relating to fees collected from the Spouting Horn concessionaires and
to clarify and implement the intent of the use of the collected fees
(See Proposed Draft Bill No. 2263 and Proposed Draft Bill
No. 2264)
C 2008-102 Communication (03/04/2008) from the Director of Parks and
Recreation, requesting Council approval to accept the donation from
The Friends of Kamalani and Lydgate Park of two (2) prefabricated
speed humps ($2 427 69) and labor costs ($180 00) for transportation
and installation at the Lydgate camp ground parking lot in the vicinity
fronting the comfort station.
C 2008-10.3 Communication (03/31/2008) from the Accounting Administrator
requesting Council approval to purchase a new shredding machine for
the amount of $1562, with funds from the Office Supplies account.
C 2008-104 Conununication (03/31/2008) from the Housing Director requesting
Council approval to apply for and receive $50 000 and to indemnify
the Hawaii Public Housing Authority to increase outreach for
enrollment, increase administrative support, provide matching grants
or loan forgiveness to Section 8 Homeownership participants and to
provide additional State matches to Family Self-Self Sufficiency
Program participants to help build homeownership savings for both
the Family Self-Self Sufficiency Program and the Section 8
Homeownership Program.
Council Meeting Agenda .3 April 28 2008
C 2008-105 Communication (04/07/2008) from the Prosecuting Attorney
requesting Council approval to
1) Apply for receive, and expend Federal funds for the Kauai
VOCA (Victims of Crime Act) Expansion Project in the amount
of $186 840 and
2) Indemnify the State of Hawai i, Department of the Attorney
General.
The funding received will be expended on salaries fringe operational
expenses and training cost for the Office of the Prosecuting Attorney
Victim/Witness Program (The use of these funds will be for the term
commencing on July 1 2008 )
C 2008-106 Conununication (04/07/2008) from Mel Rapozo Hawaii State
Association of Counties (HSAC) President, submitting for Council
approval the HSAC Fiscal Year 2008-2009 Proposed Annual Operating
Budget.
C 2008-107 Conununication (04/08/2008) from Council Vice Chair Mel Rapozo
requesting Council approval of Fiscal Year 2008-2009 board
nominations to the Hawaii State Association of Counties (HSAC)
National Association of Counties - Western Interstate Region (WIR)
and the National Association of Counties (NACo)
C 2008-108 Communication (04/10/2008) from the Fire Chief, requesting Council
approval to accept a donation from Princeville Mauka Village LLC to
utilize a portion of the Princeville Airport (hangar and office) located at
TMK. 4-5-3-001-002 free of charge during the months of May June
and July 2008 to temporarily relocate the Hanalei Fire Station during
its renovation and asbestos removal.
CLAIMS
C 2008-109 Communication (04/08/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by State Farm Insurance on
behalf of Jenna Soares for damages to her vehicle pursuant to
Section 23 06 Charter of the County of Kaua i.
C 2008-110 Conununication (04/08/2008) from the County Clerk, transmitting a
claim filed against the County of Kaua i by Jan H. Carroll for improper
assessment techniques used to assess non-residential properties
pursuant to Section 23 06 Charter of the County of Kaua i.
Council Meeting Agenda 4 April 28 2008
C 2008-111 Communication (04/08/2008) from the County Clerk, transmitting a
claim filed against the County of Kaua i by Keith Tsukamoto for
damages to his cement wall, pursuant to Section 28 06 Charter of the
County of Kauai.
COMMITTEE REPORTS
FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORTS:
CR-F/ED 2008-9: on F/ED 2008-1 Communication (3/31/2005) from Council Vice Chair
Rapozo, requesting agenda time for the Department of
Parks and Recreation to provide an update and status
report (including information on available funding
sources) on the maintenance, repairs, and
improvements at the Kaua'i Veterans Cemetery
Department of Defense State Director Mark Moses
has been invited to participate in the discussion and
to provide information on the recent tri-ennial
inspection.
[Received for the record.]
CR-F/ED 2008-10: on Bill No 2258 A BILL FOR AN ORDINANCE TO APPROVE A
THREE-YEAR CONTRACT FOR ANNUAL
FINANCIAL AirDITS (2007 2005, 2005-2009 2009-
2010)
[Approved.]
PUBLIC WORKS COMMITTEE REPORT
CR-PW 2008-10: on PW 2008-3 Communication (4/7/20081 from Committee Chair
Rapozo, requesting that the Director of Parks and
Recreation be present to discuss a maintenance plan
for the area surrounding Iiapa'a Beach Park.
[Received for the record.]
COMMUNITY ASSISTANCE/INTERGOVERNMENTAL RELATIONS
COMMITTEE REPORT:
CR-CA/IGR 2008-7 on CA/IGR 2008-6 Communication (4/4/2008) from Committee Chair
Iseri-Carvalho, requesting that the
Administration provide a Legislative Update on
the status of proposed measures and issues of
interest and concern to the County
[Received for the record.]
Council Meeting Agenda 5 April 28 2008
CR-CA/IGR 2008-8: on CA/IGR 2008-8 ('ommunication (4/9/2008) from ('ommittee Chair
Iseri-Oarvalho, requesting that the Department of
Water provide a status report and written
responses to questions regarding the Kaua'i
Lagoons LL(" Kapule Workforce Housing project
on Haoa Way consisting of '01 workforce leasehold
units.
[Received for the record.]
RESOLUTIONS
Resolution No 2008-18 RESOLUTION ESTABLISHING A SCHOOL BUS
STOP ON ( )LOHENA ROAD KAWAIHAU DISTRICT COUNTY OF KAUAI
Resolution No 2008-19 RESOLUTION ESTABLISHING A SCHOOL BUS
STOP ON KAWAIHAU ROAD KAWAIHAU DISTRICT COUNTY OF KAUAI
(Makaleha Place)
Resolution No 2008-20 RESOLUTION ESTABLISHING A SCHOOL BUS
STOP ON KAWAIHAU ROAD KAWAIHAU DISTRICT COUNTY OF KAUAI
(6181 Kawaihau Road)
BILLS FOR FIRST READING
Proposed Draft Bill (No 2268) - AN ORDINANCE AMENDING
ORDINANCE NO B-2007-656 AS AMENDED RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUA I, 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 ($815 000 00 -
Parks and Recreation Improvement and Maintenance Revolving Fund)
Proposed Draft Bill (No 2264) - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 23 KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO
)
CONCESSIONS AT SPOUTING x HORN
Council Meeting Agenda 6 April 28 2008
BILLS FOR SECOND READING
Bill No 2258 - A BILL FOR AN ORDINANCE TO APPROVE A THREE-
YEAR CONTRACT FOR ANNUAL FINANCIAL AUDITS (2007-2008 2008-2009
2009-2010) (The Finance/Economic Development Committee recommended
approval of Bill No. 2258 on second and final reading on 411612008; see
CR-F/ED 2008-10)
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-334 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 for the Council to consult with legal counsel regarding claims
and/or potential claims and all other claims and/or potential claims
associated issues relating to the repair removal, and/or maintenance
of the seawall fronting the Pono Kai Resort in Kapa a. The 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-335 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 1000 Friends of Kauai,
et al. v. Department of Planning, et al., Civ No 07-1-0007 (Fifth
Circuit Court) Coconut Beach Development, LLC v. Countv of Kauai,
et al., Civ No 07-1-0026 (Fifth Circuit Court) Coconut Plantation
Holdings, LLC v. Countv of Kauai, et al., Civ No 07-1-0027 (Fifth
Circuit Court) Coconut Beach Development LLC v. Brvan Baptiste,
et al., Civ No 08-00036 SOM/KSC (U.S District Court, District of
Hawaii) 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
Council Meeting Agenda 7 April 28 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, 2259 AN ORDINANCE AMENDING ORDINANCE NO B-2007 656 AS ADIENDED,
RELATING TO THE OPERATING B UDGET OF THE COUNTY" OF K4 U.4!1, STATE OF HAWAI I,
FOR THE 'FISCAL YEAR JULFI, 200-1 THROUGH JUNE 30, 2008, BY RE11SING THE'--
SURPLUS ESTIILATED IN THE GENERAL FUND (Suluries, FiiaunceAccuurntiing Riak l1lurnuger
$21, 714 and FLSA Specialist $11,391)
Bill No, 2262 - A BILL FOR AN ORDINANCE TO _A-HEND CHAPTER 26 OF THE K4I,747
COUNTY" CODE 1987, AS _A-AIENDED, RELATING TO SPECIAL IMPROlEII1ENT FINANCING
B Y COMAI UNITY FACILITIES DISTRICTS
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