HomeMy WebLinkAbout05-14-2008 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, MAY 14, 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.
Council Meeting of March 27 2008
Council Meeting of April 9 2008
Council Meeting of April 28 2008
Public Hearing of April 23 2008 re Bill No 2259
Public Hearing of April 23 2008 re Bill No 2262
COMMUNICATIONS.
('2008-112 Communication (02/25/2008) from the Chief, Engineering Division,
Department of Public Works transmitting for Council consideration, a
Resolution relating to traffic calming at Weke Road which establishes
the following-
1) Installation of speed tables on a portion of Weke Road between
its intersection with Aku Road to its northerly terminus at
Black Pot Park.
2) A three-way stop at the intersection of Weke Road and Aku
Road.
3) Reduces the existing 25 m.p.h. speed limit to 20 m.p.h. for the
portion of Weke Road between its intersection with Aku Road to
its northerly terminus at Black Pot Park.
(See Resolution No. 2008-21)
Council Meeting Agenda 2 May 14 2008
C 2008-11.3 Communication (04/09/2008) from the Chief, Building Division,
Department of Public Works transmitting for Council information, the
Building Permit Information Reports for the month of March 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 2008-114 Conununication (04/04/2008) from the Purchasing & Assistant
Contracts Administrator Division of Purchasing transmitting the
Fiscal Year 2007/2008 Third (quarter Statement of Equipment
Purchases in accordance with Ordinance No B-2007-656
C 2008-115 Conununication (04/14/2008) from Councilmember Tim Bynum,
transmitting for Council action, two (2) proposed draft bills as follows
1) Amending Chapter 19 relating to Parks and Recreation
by adding the definition of `Shared-Use Path System and
to allow leashed clogs on the County s shared use path
system, and
2) Amending Chapter 22, Article 2, relating to stray dogs by
changing the length of the leash for the clog from eight (8)
to six (6) feet and adding a new section entitled
Nuisances Committed by Dogs
(See Proposed Draft Bill No. 2265 and Proposed Draft Bill
No. 2266)
C 2008-116 Certification (04/30/2008) by the Director of Finance of the 2008 Real
Property Assessment List within the County of Kauai. (Real
Property Assessment List 2008 on. file in. the County Clerk's
Office.)
C 2008-117 Communication (04/29/2008) from the Director of Finance
transmitting for Council information, supplemental information
pertaining to the estimated reduction in real property tax revenues as
a result of various tax relief measures enacted by the County Council.
C 2008-118 Communication (05/02/2008) from Michael H. Tresler Vice President,
Grove Farm, transmitting for Council input a draft affordable housing
agreement for the Lihu e-Hanama ulu (°Wailani') Master Plan Area
pursuant to Land Use Commission Docket No A94-708 and County
()rdinances Nos PM-94-82 PM-310-95 and PM-326-96
C 2008-119 Conununication (05/08/2008) from Council Vice-Chair Mel Rapozo
transmitting for Council consideration a resolution supporting House
Bill No 2250 House Draft 1 relating to transportation to establish a
statutory plan for State regulation of inter-island air carriers to the
extent permissible under the Constitution and laws of the United
States (See Resolution. No. 2008-22)
Council Meeting Agenda .3 May 14 2008
C 2008-120 Communication (05/08/2008) from Council Chair Bill Kaipo Asing
transmitting for Council consideration a proposed bill to establish
provisions and to provide an area for clog owners to bring their clogs to
enjoy being off-leash. (See Proposed Bill Draft No. 2267)
C 2008-121 Communication (04/11/2008) from the Housing Director Kaua i County
Housing Agency requesting Council approval to apply for receive and
expend, a grant from the U.S Department of Housing and Urban
Development for a Family Self-Sufficiency (FSS) Coordinator position
and for a Family Self-Sufficiency (FSS) Homeownership position with
applicable fringe benefits ($1.31000 estimated amount) and to provide
appropriate indemnification.
C 2008-122 Communication (04/18/2008) from the Prosecuting Attorney Office of
the Prosecuting Attorney requesting Council approval to apply
receive and expend State funds in the amount of $66,889 and
approval to indemnify the State of Hawai i, Department of the
Attorney General, for salaries and fringe benefits for the Office of the
Prosecuting Attorney Victim/Witness Program, for the term
July 1 2008 through June 30 2009
C 2008-123 Communication (05/02/2008) from the Economic Development Director
Office of Economic Development, requesting Council approval for an
indemnification provision with SunE Lihu e 1 LLC (Sun Edison) which
notice to proceed was issued on November 1 2007
C 2008-124 Communication (05/06/2008) from Mel Rapozo Hawaii State
Association of Counties (HSAC) President, requesting Council approval
of the Revised HSAC Fiscal Year 2008-2009 Proposed Annual
Operating Budget which was approved at the May 5 2008 Hawaii
State Association of Counties Executive Committee meeting
C 2008-125 Request (05/05/2008) from the Office of the County Attorney
requesting approval to expend up to $5 000 for special counsel's
continued representation of County defendants in Chris Kaaumoana v.
Countv of Kauai, et al., Civ No 04-1-0078 (Fifth Circuit Court) and
related matters
C 2008-126 Request (05/05/2008) from the Office of the County Attorney
requesting approval to expend up to an additional $25 000 for special
counsels continued representation of County defendants in Michael G.
Ching v. Kauai Countv 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 Ravmond L. Chuan and
Walter S. Lewis v. Countv of Kauai, et al., Civil No 05-1-0168 (Fifth
Circuit Court) and related matters
Council Meeting Agenda 4 May 14 2008
C 2008-127 Request (05/05/2008) from the Office of the County Attorney for
authorization to expend up to $100 000 from the special counsel
account to continue to retain outside counsel to represent the County
in Gerard R. Bosma, et al. v. James H. Pflueeer, et al., Civ 08-1-0052
(Fifth Circuit Court) Ronald and Gina Calisher v. James H. Pflueeer,
et al., Civ 07-1-0106 (Fifth Circuit Court) Bruce Fehrine, Individuallv
And As Special Administrator of the Estates of Aurora Fehrine, et al.
v. James H. Pflueeer, et al. Civ No 06-1-0082 (Fifth Circuit Court)
and Bette Midler, et al. v. James H. Pflueeer, et al., Civ No 06-1-0110
(Fifth Circuit Court) and related matters (Documents on. file in. the
County Clerk's Office)
C 2008-128 Request (05/05/2008) from the Office of the County Attorney for
authorization to expend up to $50 000 for special counsel to represent
defendant County of Kauai in Sheryl Ann Ackerman, et al. v. Solomon
Makua Kuahiwinui, et al. Civ No 08-1-0069 (Fifth Circuit Court) and
related matters (Documents on. file in. the County Clerk's Office)
C 2008-129 Request (05/06/2008) from the Office of the County Attorney for
authorization to initiate obtaining the following consultants/special
counsel with regard to the proposed formation of community facilities
district no 1 (the Kukui'ula Community Facilities District: (1)
financial advisor- (2) special tax consultant: (8) local bond counsel, (4)
special tax and bond counsel, underwriter- (5) appraiser- and (6)
engineering consultant.
W 2008-2 Communication (4/30/2008) from Committee Chair Ronald D Kouchi,
requesting authorization for County Legal Consultant Scott Ruby to
proceed on matters relating to the formation of Community Facilities
District No 1 and other matters relating to community facilities
district, as provided for in Section 26-1 1.3 Kauai County Code 1987
pursuant to Consultant Contract No 7708 (The Committee of the
Whole recommended approval of Communication No. W 2008-2
by a vote of 6-1)
C 2008-1.30 Communication (05/08/2008) from Mayor Bryan J Baptiste
submitting his supplemental budget communication for Fiscal Year
2008-2009 and proposed amendments to the budget bills (Reports on.
file in. the County Clerk's Office)
LEGAL DOCUMENT
C 2008-1.31 Grant of Non-Exclusive Pedestrian Beach Access Easement from CTF
Hawaii Hotel Partners Limited Partnership an Ohio limited
partnership to the County of Kauai, Tax Map Key 2-8-17 17 18 19
and 22 (SMA(U)-2004-7) as required by Condition #3 of the Special
Management Area Use Permit, Project Development Use Permit,
Variance Permit, and Class IV Zoning Permit approved by the
Planning Commission, for lateral public access to and along the
shoreline fronting the Po ipu Beach hotel property
Council Meeting Agenda 5 May 14 2008
CLAIMS
C 2008-1.32 Communication (04/17/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by James Kekoa Huff for
damages to his vehicle pursuant to Section 23 06 Charter of the
County of Kauai.
C 2008-13.3 Communication (04/18/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by John Geffert, Jr for flood
damages to Nawiliwili Tavern and damages to his vehicle pursuant to
Section 23 06 Charter of the County of Kaua i.
C 2008-1.34 Communication (04/24/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Scott H. Oakley for costs
incurred to install a water meter pursuant to Section 23 06 Charter of
the County of Kaua i.
C 2008-1.35 Communication (05/06/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Edmund Ripley for
damages to his vehicle pursuant to Section 23 06 Charter of the
County of Kauai.
COMMITTEE REPORTS
FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORT
CR-F/ED 2008-11: on F/ED 2008-2 Commmucation (4/24/2008) from Committee Chair
Furfaro, requesting a discussion on the revenues and
cost factors for consideration by the Cost Control
Commission.
[Received for the record.]
COMMUNITY ASSISTANCE/INTERGOVERNMENTAL RELATIONS
COMMITTEE REPORTS:
CR-CA/IGR 2008-9: on CA/IGR 2008-10 Corm mucation (4/24/2008) from
('ouncilmember Kouchi, providing written
disclosure of a possible financial conflict of
interest on agenda items related to the
Courtyards at Waipouli" rental housing
project, because he is employed by the
developer KD Waipouli LL('
[Received for the record.]
CR-CA/IGR 2008-10: on CA/IGR 2008-11 Communication (4/18/2008) from Committee
Chair Iseri-Caxvalho, requesting that the
Housing Director provide a status report on
the affordable housing projects currently
being monitored and tracked by the Affordable
Housing Task Force, including project
description, number and type of affordable
units to be constructed, and a timeline for
completion.
[Received for the record.]
Council Meeting Agenda 6 May 14 2008
CR-CA/IGR 2008-11: on CA/IGR 2008-7 ('ommunication (4/2/2008) from ('ommittee
Chair Iseri-Carvalho, requesting that the
Housing Director provide a status report
regarding development of State and County
lands for workforce housing projects on.
-Progress in working with Department of
Land and Natural Resources Kaua'i Land
Division,
• Overview of the Ceded Lands issue and
restrictions contained in the Memorandum
of Understanding with the Office of
Hawaiian Affairs dated November 13, 2007
-Status report on County-owned properties,
i.e Pa ziozio Village Phase II, Poipu Co-op
Housing site, and the old Kapa'a baseyard,
-The Administrations plan to fund a
feasibility study for all State and County
lands being considered for the development
of affordable housing, including cost for
infrastructure, identification and
availability of water proximity of
development to roads, wastewater schools,
etc., including a projected timeline for
development of each parcel and a
breakdown of costs per unit, and
-Input and initial assessment by the
Department of Water regarding necessary
water resources for the developments being
considered, including anticipated project
completion dates.
[Received for the record.]
CR-CA/IGR 2008-12: on CA/IGR 2008-12 ('ommunication (4/18/2008) from ('ommittee
Chair Isere-Carvalho, requesting that the
Department of Water provide its Kaua'i
Lagoons Revised Water Study and an
updated assessment of the available water
meter capacity for the Kaua'i Lagoons LL("
Kapule Workforce Housing project on Haoa
Way consisting of '01 workforce leasehold
units.
[Received for the record.]
CR-CA/IGR 2008-13: on CA/IGR 2008-9 Communication (4/17/2008) from Committee
Chair Isere-Carvalho, requesting that the
Admirdstration provide a Legislative Update
on the status of proposed legislative measures
and issues of interest and concern to the
County
[Received for the record.]
Council Meeting Agenda 7 May 14 2008
ENERGY/PUBLIC SAFETY COMMITTEE REPORT:
CR-EPS 2008-2: on BILL NO 2259 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 ESTIMATED IN THE
GENERAL FUND (Salaries, Finance Accounting -
Risk Manager $21,744 and FLSA Specialist $11,394)
[Received for the record.]
PLANNING COMMITTEE REPORT:
CR-PL 2008-3: on PL 2008-1 ('ommunication (4/11/2008) from Committee Chair
Yukimura, requesting that the Directors of Planning
and Finance brief the ('ommittee on the
administration and implementation of Ordinance No.
864, pertaining to registration of transient vacation
rentals and processing of nonconforming use
certificates applications.
[Received for the record.]
COMMITTEE OF THE WHOLE COMMITTEE REPORTS:
CR-W 2008-2: on 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
[Approved.]
CR-W 2008-3: on W2008-2 Communication (4/30/2008) from Committee Chair
Ronald D Kouchi, requesting authorization for
County Legal ('onsultant Scott Ruby to proceed on
matters relating to the formation of Commuuty
Facilities District No. 1 and other matters relating to
community facilities district, as provided for in
Section 26-1.13, Kaua'i County Code 1987 pursuant
to Consultant Contract No. 7708.
[Approved.]
RESOLUTIONS
Resolution No 2008-21 RESOLUTION ESTABLISHING SPEED TABLE
INSTALLATIONS AND TRAFFIC CONTROL DEVICES ON A PORTION OF
WERE ROAD AMENDING RESOLUTION NO 54-91 RELATING TO
ESTABLISHING x SPEED LIMITS FOR COUNTY ROADWAYS AND REPEALING x
RESOLUTION NO 2005-39 DRAFT 2, AND RESOLUTION NO 2006-08
RELATING TO WERE ROAD
Council Meeting Agenda 8 May 14 2008
Resolution No 2008-22, RESOLUTION SUPPORTING HB 2250 HD1
RELATING TO TRANSPORTATION
BILLS FOR FIRST READING
Proposed Draft Bill (No 2265) - A BILL FOR AN ORDINANCE TO AMEND
SECTION 19-1.3 AND SECTION 19-14 OF THE KAUAI COUNTY CODE 1987
AS AMENDED RELATING TO PARKS AND RECREATION
Proposed Draft Bill (No 2266) - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 22 ARTICLE 2, KAUAI COUNTY CODE 1987 RELATING TO STRAY
DOGS
Proposed Draft Bill (No 2267) - A BILL FOR AN ORDINANCE TO
ESTABLISH A NEW ARTICLE 18, CHAPTER 22 KAUAI COUNTY CODE 1987
AS AMENDED RELATING TO THE CREATION OF DOG PARKS
BILLS FOR SECOND READING
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 $21 744 and
FLSA Specialist $11394) (The Energy/Public Safety Committee recommended
that Bill No. 2259 be received for the record on 0510712008; see
CR-EPS 2008-2)
BILL NO 2262 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 26
OF THE KAUA I COUNTY CODE 1987 AS AMENDED, RELATING TO SPECIAL
IMPROVEMENT FINANCING BY COMMUNITY FACILITIES DISTRICTS (The
Committee of the Whole recommended approval of Bill No. 2262 on. second
and final reading on 0510712008; see CR-W 2008-2)
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.)
Council Meeting Agenda 9 May 14 2008
ES-336 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a) (4) (6) and (8) and
Kauai County Charter §3 07(E) the purpose of this executive session
are for the Council to receive a briefing from the Office of the County
Attorney and consult with legal counsel for the purposes of
deliberating and deciding on a proposed settlement in the case of
Chris Kaaumoana vs. Countv of Kauai, et al., Civil No 04-1-0078
(Fifth Circuit Court) and related matters 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-337 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) (6) and (8) and
Kauai County Charter §3 07(E) the purpose of this executive session
is to provide a Council briefing on the case of Michael G. Ching v.
Kauai Countv Council, Civil No 05-1-0080 (Fifth Circuit Court),
Countv of Kauai, et al. v. Office of Information Practices, et al. Civil
No 05-1-0088 (Fifth Circuit Court) and Ravmond L. Chuan and
Walter S. Lewis v. Countv of Kauai, et al., Civil No 05-1-0168 (Fifth
Circuit Court) and related 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-338 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) (6) and (8) and
Kauai County Charter §3 07(E) the purpose of this executive session
is to provide a Council briefing on Gerard R. Bosma, et al. v. James H.
Pflueger, et al. Civ No 08-1-0052 (Fifth Circuit Court) Ronald and
Gina Calisher v. James H. Pflueger, et al., Civ No 07-1-0106 (Fifth
Circuit Court) Bruce Fehring, Individuallv and as Special
Administrator of the Estates of Aurora Fehring, et al. v. James H.
Pflueger, et al., Civ No 06-1-0082 (Fifth Circuit Court) and Bette
Midler, et al. v. James H. Pflueger, et al., Civ No 06-1-0110 (Fifth
Circuit Court) and related 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-339 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a) (4) (6) and (8) 92F-
13(1) (2) (3) and (4) and 92F-14(b)(1) and Kauai County
Charter §3 07(E), the purpose of this executive session is to consult
with the Councils legal counsel for purposes of requesting Council
approval of a proposed settlement of a workers compensation claim,
and evaluate an employee s ability to return to work. This deliberation
or decision making involves a matter that requires the consideration of
information that must be kept confidential as it concerns a significant
privacy interest. The significant privacy interest relates to a medical
history diagnosis condition, treatment, or evaluation and which,
pursuant to state or federal law including Health Insurance
Portability and Accountability Act, are protected from disclosure.
Council Meeting Agenda 10 May 14 2008
ES-340 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a) (4), (6) and (8)
92F-13(1) (2) (3) and (4) and 92F-14(b)(1) and Kauai County
Charter §8 07(E) the purpose of this executive session is to consult
with the Councils legal counsel for purposes of requesting Council
approval of a proposed settlement in an arbitration matter entitled
Arbitration Between United Public Workers AFSCME, Local 646
AFL-CIO and County of Kaua i, Office of Community Assistance,
Transportation Agency 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-341 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 08-00086 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 11 May 14 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. 2263 AN ORDINANCE AMENDING ORDINANCE NO. B-2007-656, AS AMENDED,
RELATING TO THE OPERATING BUDGET OF THE COUNTY OF ILA L'A 7, STATE OF HAWA17,
FOR THE 'FISCAL, 'MAR JULY1, 200? THROUGH JUNE 30, ,'.2008, BY REt'ISING THE
SURPLUS AND APPROPRIATIONS ESTIMATED INTHE GENERAL FUND (.$315,000 00 Parks
and Recreation Irripruuemernt and A,Iuirnte urnce Revaluing Fund)
Bill No. 2261 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 23, KAUAI COUNTY CODE
158% AS AMENDED, RELATING TO CONCESSIONS AT SPOLTTING'HORN
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