HomeMy WebLinkAbout06-12-2008 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
THURSDAY, JUNE 12, 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 May 14, 2008
Public Hearing of May 28 2008 re C 2008-1.30
COMMUNICATIONS.
C 2008-151 Communication (05/02/2008) from the Chief, Building Division,
Department of Public Works transmitting for Council information, the
Building Permit Information Reports for the month of April 2008 that
includes the following-
1) Building Permit Processing Report
2) Building Permit Estimated Value of Plans Summary
3) Building Permits Tracking Report
4) Building Permits Status
C 2008-152 Communication (05/09/2008) from the Chief, Engineering Division,
Department of Public Works transmitting for Council consideration, a
Resolution deleting an existing school bus stop on Laukona Street
established by Resolution No 2005-55 and establishing a new school
bus stop on Laukona Street approximately 100 feet north of its current
location. (See Resolution No. 2008-24)
C 2008-15.3 Communication (05/14/2008) from Mayor Bryan J Baptiste
transmitting for Council information, a copy of the Kauai Humane
Society s Third Quarter Report for Fiscal Year (FY) 2008 Field
Services Statistics Animal Statistics (July - March) and Cash Flow
Analysis
Council Meeting Agenda 2 June 12, 2008
C 2008-154 Communication (05/19/2008) from the Director of Finance
transmitting for Council information the Period 9 Financial Reports -
Statement of Revenues as of March 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 2008-155 Communication (05/20/2008) from the Chief of Field Operations and
Maintenance, Department of Public Works transmitting for Council
consideration, a Resolution establishing a No Parking zone at
Moanakai Road, Kawaihau District. (See Resolution No. 2008-25)
C 2008-156 Communication (05/29/2008) from Council Vice-Chair Mel Rapozo
requesting agenda time for Eric Coleman, President, National
Association of Counties (NACo) to introduce the County s NACo
Prescription Discount Program.
C 2008-157 Communication (05/29/2008) from Council Vice-Chair Mel Rapozo
requesting that the County Engineer be present to present an update
action plan, and timeline on the restoration of the Kapaia Swinging
Bridge project.
C 2008-158 Communication (06/05/2008) from Councilmember Ron Kouchi,
transmitting for Council consideration, a bill to amend Section 32 of
Ordinance No B-2008-672, relating to the Operating Budget of the
County of Kaua i for Fiscal Year July 1 2008 through June 30 2009
by deleting levied against individuals (See Proposed Draft Bill
No. 2268)
C 2008-159 Communication (06/05/2008) from Councilmember Shaylene Iseri-
Carvalho transmitting for Council consideration, a bill to amend
Section .3 of Ordinance No B-2008-672, relating to the Fiscal Year
2008-2009 Operating Budget, by requiring that all funds budgeted for
salaries be used solely for salaries and for contract services associated
with the vacant positions as recommended in the Cost Control
Commissions report dated March 17 2008 (See Proposed Draft
Bill No. 2269)
Council Meeting Agenda .3 June 12, 2008
C 2008-160 Communication (06/05/2008) from Councilmember Ron Kouchi,
transmitting for Council consideration, a bill to amend Ordinance No
B-2008-672 relating to the Fiscal Year 2008-2009 Operating Budget,
as follows
1) Appropriates $315 000 from the unappropriated surplus
to the general fund revenues
2) Authorizes the Director of Finance to establish a Parks
and Recreation Improvement and Maintenance Revolving
Fund and
3) Transfers $315 000 from the Revenues From Property
(rents and concessions) to the Parks and Recreation
Improvement and Maintenance Revolving Fund, pursuant
to Ordinance No 867
(See Proposed Draft Bill No. 2270)
C 2008-161 Conununication (06/05/2008) from Councilmembers JoAnn A.
Yukimura and Jay Furfaro transmitting for Council consideration, a
bill to amend Ordinance No B-2008-673 relating to the Fiscal Year
2008-2009 Capital Improvements Budget, by transferring $200 000
from the Project Contingency in the General Fund - CIP to a new item
entitled Energy Sustainability Study & Plans (Office of Economic
Development Project) (See Proposed Draft Bill No. 2271)
C 2008-162 Conununication (04/28/2008) from Elmer Muraoka, Purchasing &
Assistant Contracts Administrator informing the Council of an
emergency purchase to rent a 2-stall air-conditioned portable restroom
trailer for the Hanalei Police Sub-Station due to on-going construction
at the facility
C 2008-16.3 Communication (05/15/2008) from the Executive on Aging, Agency on
Elderly Affairs requesting Council approval to receive expend State
funds and indemnify the State Executive Office on Aging with their
intent to award the Agency on Elderly Affairs State funds which covers
funding from June 28 2008 through June .30 2010 in the amount of
$22 610 for State Fiscal Year 2008 and $22 610 for State Fiscal Year
2009 which funds will be used to provide elder abuse prevention
services to older adults age 60 and older their caregivers and
relatives
C 2008-164 Conununication (05/22/2008) from Jennifer Luck, Executive Director
Kauai Public Land Trust, requesting Council approval to apply for
funds from the National Oceanic and Atmospheric Administrations
Coastal and Estuarine Land Conservation Program (N()AA/CEL(P)
and that the County of Iiaua i be listed as a partner in the grant
application for the acquisition of Lot 49 (Tax Map Key 4-5-5-1-49)
which is adjacent to Black Pot Park and/or other nearby available
parcels
Council Meeting Agenda 4 June 12, 2008
C 2008-165 Request (05/30/2008) 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 Krstafer W. Pinkerton v. County of
Kauai, Kauai Prosecutors Office, et al., Civ No 08-00222 HG/KSC
(U S District Court, District of Hawai i) and related matters
C 2008-166 Request (05/30/2008) 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 Tony Gonzalez v. State of Hawai i, et al.,
Civ No 08-1-0062 (Fifth Circuit Court) and Tonv Gonzalez v. County
of Kauai, et al., Civ No 08-1-0063 (Fifth Circuit Court) and related
matters
COMMITTEE REPORTS
PARKS AND RECREATION COMMITTEE REPORT:
CR-P/REC 2008-1: on 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.
[Approved.]
RESOLUTIONS
Resolution No 2008-24 RESOLUTION AMENDING RESOLUTION
NO 2005-55 BY DELETING AN EXISTING SCHOOL BUS STOP ON LAUK(_)NA
STREET LIHUE DISTRICT AND ESTABLISHING A NEW SCHOOL BUS STOP
ON LAUKONA STREET LIHU E DISTRICT COUNTY OF KAUA I
Resolution No 2008-25 RESOLUTION ESTABLISHING NO PARKING AT
ANYTIME ALONG A PORTION OF MOANAKAI ROAD KAPAA DISTRICT
COUNTY OF KAUAI
BILLS FOR FIRST READING
Proposed Draft Bill (No 2268) - A BILL FOR AN ORDINANCE TO AMEND
SECTION .32 OF ORDINANCE NO B-2008-672 AS AMENDED RELATING TO
THE OPERATING BUDGET OF THE COUNTY OF KAUA I, STATE OF HAWAI I,
FOR THE FISCAL YEAR JULY 1 2008 THROUGH JUNE 30 2009 (Amending
Section .32 relating to court fines and sanctions)
Council Meeting Agenda 5 June 12, 2008
Proposed Draft Bill (No 2269) - A BILL FOR AN ORDINANCE TO AMEND
SECTION 31 OF ORDINANCE NO B-2008-672 AS AMENDED RELATING TO
THE OPERATING BUDGET OF THE COUNTY OF KAUA I, STATE OF HAWAI I,
FOR THE FISCAL YEAR JULY 1 2008 THROUGH JUNE .30 2009 (Amending
Section 3 relating to funds budgeted for salaries)
Proposed Draft Bill (No 2270) - AN ORDINANCE AMENDING
ORDINANCE NO B-2008-672, AS AMENDED RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUA I, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1 2008 THROUGH JUNE 30 2009 BY REVISING THE SURPLUS
AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Parks &
Recreation Improvement and Maintenance Revolving Fund)
Proposed Draft Bill (No 2271) - A BILL FOR AN ORDINANCE TO AMEND
ORDINANCE NO B-2008-673 AS AMENDED RELATING TO THE CAPITAL
IMPROVEMENTS BUDGET OF THE COUNTY OF KAUA I, STATE OF HAWAII,
FOR THE FISCAL YEAR JULY 1 2008 THROUGH JUNE .30, 2009 BY
REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE
GENERAL FUND ($200 000 - Energy Sustainability Study and Plans Office of
Economic Development)
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-344 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 Krstafer W. Pinkerton v.
Countv of Kauai, Kauai Prosecutors Office, et al., Civ No 08-00222
HG/IiSC (U S District Court, District of Hawai i) 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.
ES-345 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 Tony Gonzalez v. State of
Hawaii, et al. Civ No 08-1-0062 (Fifth Circuit Court) and Tony
Gonzalez v. Countv of Kauai, et al., Civ No 08-1-0063 (Fifth Circuit
Court) 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 6 June 12, 2008
NOTE: If the 'Council' is not finished with this meeting by approximately
1:30 p.m., it will recess i' for public hearings on the following. After the
public hearings, the Council will reconvene to 'complete any unfinished
business.
Bill No. 25165 ABILL FOR AN ORDINANCE TU AMEND SECTION 19-1.u AND SECTION 1Y-1. 4
OF THE KAUAI COUNTY CODE 1987, AS A1IIENDED RELATING TO PARKS AND
RECREATION
Bill No. 2266 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 22, ARTICLE 2, KAUAI
COU'NTF'CODE 1,987, RELATING TO STRA17DOGS
Bill No. 2267 A BILL FOR AN ORDINANCE TO ESTABLISH A NEW ARTICLE 18, I'
CHAPTER 22, hAUTA7 COLTNTI-CODE 198 ; AS AMENDED, RELATING TO THE CREATION OF
DOG PARKS
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 filedin the County Clerk s Office as required by lacy
Notwithstanding this Council Agenda, the Council may hold apublic 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