HomeMy WebLinkAbout05-28-2008 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, MAY 28, 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 May 7 2008 re. Resolution No 2008-14 Bill No 2260
and Bill No 2261
Public Hearing of May 14, 2008 re Bill No 2268 and Bill No 2264
COMMUNICATIONS.
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
(Public hearing scheduled on. 0512812008 at 8:30 a.m.)
C 2008-136 Communication (04/04/2008) from Robin K. Freitas Manager
KMH LLP transmitting for Council information, the following final
audit reports for the year ended June 30 2007
• Comprehensive Annual Financial Report of the County of
Kauai(CAFR)
• Single Audit Report; and
• Recommendations Designed to Improve Internal
Accounting Controls and Administrative Efficiency Report
for the year ended June 30 2007 (Reports on file in
the County Clerk's Office.)
Council Meeting Agenda 2 May 28 2008
C 2008-1.37 Communication (04/28/2008) from the Director of Personnel Services
transmitting for Council information, the third quarter report
(January-March 2008) relating to established positions vacancies new
hires promotions and reallocations (Confidential reports on file
in. the County Clerk's Office.)
C 2008-1.38 Communication (05/09/2008) from the Mayor transmitting for Council
information, three (3) recommendations from the Cost Control
Conunission and the Mayor s conunents relating to vacant positions
County energy usage and Wailua Golf Course fees
C 2008-139 Conununication (05/13/2008) from Mel Rapozo Hawaii State
Association of Counties (HSAC) President, informing the Council that
at its May 5 2008 HSAC Executive Conunittee meeting various
members were approved to serve on the boards of the National
Association of Counties (NACo) and the Western Interstate Region
(WIR) for the Fiscal Year 2008-2009
C 2008-140 Conununication (04/24/2008) from the Chief of Police, requesting
Council approval to accept and utilize the following items that were
acquired through the Asset Forfeiture Program (05-00650)
1-Black Night Vision Device
1-Surveillance equipment
1-Surveillance monitor
1-Surveillance equipment receiver
2-Surveillance Cameras
C 2008-141 Communication (05/09/2008) from the Administrative Assistant, Office
of the Mayor requesting Council approval to purchase an alternative
augmentative communications text-to-speech (DynaWrite) device to
facilitate and increase access of participation at public meetings in the
amount of approximately $3 865 for equipment only and that funds are
available internally
C 2008-142 Conununication (05/13/2008) from Mel Rapozo Hawaii State
Association of Counties (HSAC) President, requesting Council approval
of the proposed Hawaii State Association of Counties Slate of Officers
for Fiscal Year 2008-2009
Council Meeting Agenda .3 May 28 2008
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 Kaua i 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.)
(Deferred 0511412008)
C 2008-143 Request (05/20/2008) from the Office of the County Attorney
requesting approval to expend up to an additional $75 000 for special
counsels continued representation in Dominador Lopez, et al., v.
County of Kauai and Danilo Abadilla, Civ No 06-00325 JMS/KSC
(U S District Court, District of Hawai i) and related matters
C 2008-144 Communication (05/16/2008) from Councilmember JoAnn A.
Yukimura, transmitting for Council consideration, a resolution
requesting that the Administration develop a comprehensive and
strategic energy sustainability plan working with citizens consultants
and other stakeholders such as Kauai Island Utility Cooperative
Kauai Economic Development Board, and Apollo Kauai. (See
Resolution No. 2008-23)
LEGAL DOCUMENT
C 2008-145 Communication (04/01/2008) from the Mayor transmitting and
recommending Council approval of:
• A Dedication Deed from Makaleha Land Company LLC
a Hawai i limited liability company conveying to the
County of Kauai, a roadway lot at Makaleha Falls
Estates (Tax Map Key (4) 4-6-006-011 (por for roadway
purposes
('2008-146 Communication (05/12/2008) from the Mayor transmitting and
recommending Council approval of:
• A Dedication Deed from Kakela Makai Partners I, a
Hawaii general partnership conveying to the County of
Kauai, six (6) roadway lots Lot 90 Lot 91 Lot 92, Lot 93
Lot 94, and Lot 95 Kakela Maka i Oceanview Subdivision
Increment III, Kalaheo Homesteads (2nd Series) Kalaheo
Koloa, Kauai, Hawaii, Tax Map Key (4) 2-3-024-090
through -095 for roadway purposes
Council Meeting Agenda 4 May 28 2008
C 2008-147 Communication (05/15/2008) from the Executive on Transportation,
Transportation Agency transmitting for Council approval and
recommendation to indemnify landowners to establish bus stops on
their respective properties as follows
• A Right-of-Entry Agreement by and between Sita Kara
Lindner and Leela Ann Lindner (landowners) and the
County of Kauai for the Kaua i Bus to establish a bus
stop for picking up and dropping off of passengers at the
Moloa a Sunrise Fruit Stand premises limited to the
paved parking lot area.
• A Right-of-Entry Agreement by Kauai Coffee Company
(landowner) and the County of Kauai for the Kauai Bus
to establish a bus stop for picking up and dropping off of
passengers at the Kauai Coffee Visitor Center premises
limited to the paved parking lot area.
CLAIMS
C 2008-148 Communication (05/08/2008) from the County Clerk, transmitting a
claim filed against the County of Kaua i by Howard Wetherbee for
damages to his vehicle pursuant to Section 23 06 Charter of the
County of Kauai.
C 2008-149 Conununication (05/13/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Larry L. McIntosh for
damages to his vehicle pursuant to Section 23 06 Charter of the
County of Kauai.
C 2008-150 Conununication (05/16/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Joseph K. McCarthy for
damages to his vehicle pursuant to Section 23 06 Charter of the
County of Kauai.
COMMITTEE REPORTS
COMMUNITY ASSISTANCE/INTERGOVERNMENTAL RELATIONS
COMMITTEE REPORT:
CR-CA/IGR 2008-14: on C 2008-118 ('ommunication (05/02/2008) from Michael H.
Tresler Vice President, Grove Farm, transmitting
for (_',ouncil input a ch-aft affordable housing
agreement for the Lihu'e-Hanamaulu ("Wailani")
Master Plan Area pursuant to Land 1Tse
(_',ommission Docket No. A94-703 and (_',ounty
Ordinances Nos. PM-94-82, PM-310-95, and
PM-326-96
[Received for the record.]
Council Meeting Agenda 5 May 28 2008
COMMITTEE OF THE WHOLE REPORTS:
CR-W 2008-4: on W2008-4 ('ommunication (5/14/2008) from ('ommittee of the Whole
Chair Ronald Kouchi, transmitting the proposed amendments
to Resolution No. 2008-14 (real property tax rates), Bill
No. 2260 (Operating Budget), and Bill No. 2261 ( CIP Budget)
[Received for the record.]
CR-W 2008-5: on W 2008 -5 ('ommmucation (5/14/2008) from ('ouncilmember Yukimura,
providing written disclosure of a possible conflict of interest
relating to the issue of Black Pot Park expansion, because she
is a board member of Kaua'i Public Land Trust, whose
mission, among other things, includes acquiring lands for
public use through donations and purchases.
[Received for the record.]
CR-W 2008-6: on Resolution No 2008-14 RESOLUTION ESTABLISHING THE REAL
PROPERTY TAX RATES FOR THE FISCAL
YEAR JULY 1, 2008 TO JUNE 30, 2009 FOR
THE ('01TNTY OF KATTAI
[Approved as amended.]
CR-W 2008-7 on BILL NO 2260 A BILL FOR AN ORDINANCE RELATING TO
THE OPERATING BUDGET AND FINANCING
THEREOF FOR THE FISCAL YEAR JULY 1,
2008 TO JiTNE 30, 2009
[Approved as amended.]
CR-W 2008-8: on 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
[Approved as amended.]
CR-W 2008-9: on BILL NO 2263 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 AND
APPROPRIATIONS ESTIMATED IN THE
GENERAL FUND ($0-15,000.00 - Parks and
Recreation Improvement and Maintenance
Revolving Fund)
[Approved.]
CR-W 2008-10: on BILL NO 2264 A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 23, KAUAI COUNTY (_'ODE 1987 AS
AMENDED RELATING TO CONCESSIONS AT
SPOUTING HORN
[Approved.]
Council Meeting Agenda 6 May 28 2008
CR-W 2008-11: on W2008-3 ('ommunication (5/1/2008) from ('ouncilmemUer
Iseri-Carvalho, requesting the Prosecuting Attorney and
Director of Finance be present to discuss and clarify the
policies regarding using County funds to pay court imposed
sanctions.
[Received for the record.]
RESOLUTIONS
Resolution No 2008-14 Draft 1 RESOLUTION ESTABLISHING THE
REAL PROPERTY TAY RATES FOR THE FISCAL YEAR JULY 1 2008 TO
JUNE.30 2009 FOR THE COUNTY OF KAUAI (The Committee of the Whole
recommended that Resolution. No. 2008-14 be approved as amended on.
0512012008; see CR-W 2008-6)
Resolution No 2008-23 RESOLUTION REQUESTING THE MAYOR,
THROUGH THE OFFICE OF ECONOMIC DEVELOPMENT TO PREPARE AN
ENERGY SUSTAINABILITY PLAN FOR KAUA I COUNTY
BILLS FOR SECOND READING
BILL NO 2260 DRAFT 1 A BILL FOR AN ORDINANCE RELATING TO
)
THE OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL
YEAR JULY 1 2008 TO JUNE 30 2009 (The Committee of the Whole
recommended that Bill No. 2260 be approved as amended on 0512012008; see
CR-W 2008-7)
BILL NO 2261 DRAFT 1 A BILL FOR AN ORDINANCE RELATING TO
)
CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL
YEAR JULY 1 2008 TO JUNE 30 2009 (The Committee of the Whole
recommended that Bill No. 2261 be approved as amended on 0512012008; see
CR-W 2008-8)
BILL NO 2263 - 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 AND
APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($815 000 00 - Parks
and Recreation Improvement and Maintenance Revolving Fund) (The Committee
of the Whole recommended that Bill No. 2263 be approved on. 0512012008; see
CR-W 2008-9)
Council Meeting Agenda 7 May 28 2008
BILL NO 2264 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 28
KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO CONCESSIONS
AT SPOUTING HORN (The Committee of the Whole recommended that Bill
No. 2264 be approved on 0512012008; see CR-W 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-342 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 Sheryl Ann Ackerman,
et al. v. Solomon Makua Kuahiwinui, et al. Civ No 08-1-0069 (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-343 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 Dominador Lopez, et al.,
v. County of Kauai and Danilo Abadilla, Civ No 06-00325 JMS/KSC
(US 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
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