HomeMy WebLinkAbout06-25-2008 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, JUNE 25, 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 28 2008
Council Meeting of June 12 2008
Public Hearing of June 12 2008 re Bill No 2265 Bill No 2266 and
Bill No 2267
COMMUNICATIONS.
C 2008-167 Communication (05/30/2008) from the Mayor transmitting for Council
consideration, a proposed Bill to amend Chapter 5A, Kauai County
Code 1987 as amended, relating to real property tax. (See Proposed
Draft Bill No. 2272)
C 2008-168 Communication (06/02/2008) from Jay Furfaro Finance/Economic
Development Committee Chair transmitting for Council consideration,
a proposed Charter amendment to establish the Office of the County
Auditor under the Legislative Branch of government. (See Resolution
No. 2008-26)
C 2008-169 Communication (06/05/2008) from the Director of Finance
transmitting for Council information the Period 10 Financial Reports -
Statement of Revenues as of April 30 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.)
Council Meeting Agenda 2 June 25 2008
C 2008-170 Communication (06/06/2008) from the Mayor transmitting for Council
confirmation, his re-appointment and appointments of the following-
Stephanie Lani Aranio Civil Service Commission First Term
Suzanne Aguiar Civil Service Commission Second Term
Christiane Nakea-Tresler Board of Ethics First Term
Barbara Bennett Charter Review Commission Partial Term
(See Resolution. No. 2008-27: Aran.io; Resolution. No. 2008-28:
Aguiar; Resolution. No. 2008-29: Nakea-Tresler; and Resolution.
No. 2008-30: Bennett)
C 2008-171 Conununication (06/13/2008) from the County Clerk, transmitting a
2008 Charter amendment petition relating to Implementation of the
General Plan submitted by petitioners committee Coalition for
Responsible Government (Confidential petitioners listing on file
in the County Clerk's Office.)
C 2008-172 Conununication (06/13/2008) from Councilmember Jay Furfaro
requesting agenda time to initiate discussion on a policy for public
release of future County Attorney opinions provided to the Council as a
body
C 2008-17.3 Communication (06/16/2008) from Council Chair Bill Kaipo Asing
transmitting for Council consideration, a Resolution to establish and
enter into a sister-city relationship with Ponta Delgada, Sao Miguel,
Azores Islands (See Resolution No. 2008-31)
C 2008-174 Communication (06/17/2008) from Councilmember Shaylene Iseri-
Carvalho providing written disclosure of a possible conflict of interest
pertaining to the cases filed by Tony Gonzalez.
C 2008-175 Conununication (06/18/2008) from Councilmember Tim Bynum,
requesting agenda time for a presentation by Dr Randall Lockwood,
Ph.D Senior Vice President for Anti-Cruelty Initiatives & Legislative
Services of the American Society for the Prevention of Cruelty to
Animals ("ASPCA')
C 2008-176 Conununication (05/16/2008) from the Chief of Police requesting Council
approval to accept a donated 40-foot galvanized tower which is valued at
$8 000 from the United States Navy which will be utilized by the Police
and Fire Departments for rappel training and certification.
Council Meeting Agenda .3 June 25 2008
C 2008-177 Communication (05/16/2008) from the Chief of Police requesting Council
approval to accept a service donation (approximate value $5 000) from
Kauai Veterans Express Trucking to transport a 40-foot tower from the
United States Navy Pacific Missile Range Facility Barking Sands to be
utilized as a training tower to re-certify Kauai Police Departments
Rappel Specialist as well as the Kauai Fire Departments Rappel
Specialist.
C 2008-178 Conununication (05/27/2008) from the Purchasing & Assistant Contract
Administrator requesting Council approval to dispose of various
Purchasing Division records which have met the seven (7) year retention
period.
C 2008-179 Conununication (05/28/2008) from the Director of Parks & Recreation,
requesting Council approval to accept a donation of $7 000 from the
Hawaii Conununity Foundation, Florence Iwamoto Kauai Fund, to help
the Lihu e Senior Center which funds will be used to digitally preserve
inter-generational interviews between senior clients and grandchildren
and/or modernize existing equipment.
C 2008-180 Communication (06/02/2008) from the Director of Parks & Recreation,
requesting Council approval to accept funds from the State of Hawaii,
Department of Defense, in the amount of $12,500 for the period July 1
2008 to June .30 2009 which will be used for maintenance and upkeep
of the Kauai Veterans Cemetery facility
C 2008-181 Communication (06/09/2008) from the Fire Chief, requesting Council
approval to indemnify tower vendor Industrial Design Research, Inc.
(IDR) relating to the purchase of Surveyor Lifeguard Towers
C 2008-182 Communication (06/12/2008) from the Prosecuting Attorney requesting
Council approval to apply for receive and expend State funds in the
amount of $205,306 for the continuation of the Kauai Career Criminal
Prosecution Program which will be used for salaries and wages and to
indemnify the State of Hawai i, Department of the Attorney General.
Council Meeting Agenda 4 June 25 2008
C 2008-18.3 Communication (06/12/2008) from the Prosecuting Attorney requesting
Council approval to apply for receive and expend Federal funds in the
amount of $4.3 050 for the Edward Byrne Memorial Competitive Grant
Program. National Initiatives Fiscal Year 2008 Grant, which will be
utilized to commence the program on November 1 2008 through
October .31 2009
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 Kaua i in Tony Gonzalez v. State of Hawai i, et al.,
Civ No 08-1-0062 (Fifth Circuit Court) and Tonv Gonzalez v. Countv
of Kauai, et al. Civ No 08-1-0063 (Fifth Circuit Court) and related
matters (Deferred 0611212008)
CLAIMS
C 2008-184 Conununication (06/05/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Colleen Ryan for damages
to her vehicle, pursuant to Section 23 06 Charter of the County
of Kaua i.
C 2008-185 Communication (06/16/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Alfred and Susan Haynes
for damage to their plumbing and loss of potential real estate
transaction, pursuant to Section 23 06 Charter of the County of
Kaua i.
COMMITTEE REPORTS
FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORT:
CR-F/ED 2008-12: on C 2008-1.36 Communication (04/04/2008) from Robin K. Freitas,
Manager KMH LLP transmitting for ('ouncil
information, the following final audit reports for the year
ended June '00 2007
Comprehensive Annual Financial Report of the
Countv of Kaua'i WAFRI
Single Audit Report; and
Recommendations Designed to Improve Internal
Accounting Controls and Administrative Efficiency
Report for the vear ended June 30 2007 (Reports on
file in the Countv Clerk s Office 1
[Received for the record.]
Council Meeting Agenda 5 June 25 2008
PUBLIC WORKS COMMITTEE REPORT:
CR-PW 2008-11: on PW 2008-3 Communication (4/25/2008) from ('ommittee Chair
Rapozo, requesting the County Engineer to be present to
discuss the possible need for environmental assessments
for the Pono Kai and Moana Kai Road seawalls prior to
commencing any repair removal, and/or maintenance
[Received for the record.]
RESOLUTIONS
Resolution No 2008-26 RESOLUTION INITIATING CHARTER
AMENDMENT RELATING TO THE OFFICE OF THE COUNTY AUDITOR
Resolution No 2008-27 RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE CIVIL SERVICE COMMISSION (Stephanie Lani
Aranio-First Term)
Resolution No 2008-28 RESOLUTION AMENDING RESOLUTION
NO 2005-43 TO CONFIRM THE REAPPOINTMENT OF A MAYORAL
APPOINTEE TO THE CIVIL SERVICE COMMISSION (Suzanne Agmar-Second
Term)
Resolution No 2008-29 RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BOARD OF ETHICS (Christiane Nakea-Tresler-First
Term)
Resolution No 2008-30 RESOLUTION AMENDING RESOLUTION
NO 2007-34 TO REPLACE AND CONFIRM THE APPOINTMENT OF A
MAYORAL APPOINTEE TO THE CHARTER REVIEW COMMISSION (Barbara
Bennett-Partial Term)
Resolution No 2008-31 RESOLUTION TO ESTABLISH AND ENTER INTO
A SISTER-CITY RELATIONSHIP WITH PONTA DELGADA, SAO MIGUEL,
AZORES ISLANDS
BILLS FOR FIRST READING
Proposed Draft Bill (No 2272) - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 5A, KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO
)
REAL PROPERTY TAY (Copy of Proposed Draft Bill on. file in. the County
Clerk's Office and at tryur.kauai.gor)
Council Meeting Agenda 6 June 25 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-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. (Deferred 0611212008)
ES-346 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 June 25 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.
RP.solittion No. 2008 23, RESOLUTION REQUESTING THE 3141COR TO PREPARE,
THROUGH -THE OFFICE OF ECONOMIC ESE[ ELOPGIENT AN ENERGY SUSTAINABILITY-
PLAN FOR I, ,L4 UA7 COL NTY
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