HomeMy WebLinkAbout07-09-2008 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, JULY 9, 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.
Special Council Meeting of June 24, 2008
Council Meeting of June 25 2008
Public Hearing of June 25 2008 re Resolution No 2008-23
COMMUNICATIONS.
C 2008-186 Communication (06/16/2008) from Gabrielle Young Chairperson,
County Arborist Advisory Committee requesting that the Council
amend Chapter 22 Section 22.5 4 to add two monkey-pod trees as
exceptional trees which are located in Old Koloa Town, Honpa
Hongwanji Mission and Koloa Early School, Tax Map Key
number 2-8-004056 (See Proposed Draft Bill No. 2273)
C 2008-187 Communication (06/19/2008) from the Chief, Engineering Division,
Department of Public Works transmitting for Council consideration, a
traffic Resolution amending the 50 m.p.h. speed limit between Lawa i
residential area and the outskirts of Koloa Town to 35 m.p.h. (See
Resolution No. 2008-32)
C 2008-188 Communication (06/27/2008) from the Director of Parks & Recreation,
requesting agenda time to provide a third quarter status report on the
County s bicycle and pedestrian pathway project.
Council Meeting Agenda 2 July 9 2008
C 2008-189 Communication (07/01/2008) from Gary Heu, Acting 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. 2274)
C 2008-190 Communication (07/03/2008) from Shaylene Iseri-Carvalho
Community Assistance/Intergovernmental Relations Committee Chair
transmitting for Council consideration, a proposed Resolution
Proposing a Charter Amendment Relating to Charter Amendment.
(See Proposed Resolution No. 2008-33)
C 2008-191 Conununication (07/03/2008) from Shaylene Iseri-Carvalho
Conununity Assistance/Intergovernmental Relations Committee Chair
transmitting for Council consideration, a proposed Resolution
Proposing a Charter Amendment Relating to Financial Procedures
(See Proposed Resolution No. 2008-34)
C 2008-192 Conununication (07/03/2008) from Shaylene Iseri-Carvalho
Conununity Assistance/Intergovernmental Relations Committee Chair
transmitting for Council consideration, a Resolution Proposing a
Charter Amendment Relating to Disclosure of Interests (See
Proposed Resolution No. 2008-35)
C 2008-198 Communication (06/20/2008) from the Chief of Wastewater
Department of Public Works requesting the Councils conceptual
approval and authority to negotiate a partnership agreement with
Kauai Lagoons LLC for R-1 upgrades to the Lihue Wastewater
Treatment Plant.
C 2008-172 Communication (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 (Deferred 0612512008)
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. County
of Kauai, et al. Civ No 08-1-0063 (Fifth Circuit Court) and related
matters
(Deferred 0612512008)
Council Meeting Agenda .3 July 9 2008
CLAIMS
C 2008-194 Communication (06/20/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by John E. Oberg Jr for
damages to his water heater pursuant to Section 28 06 Charter of the
County of Kauai.
C 2008-195 Communication (06/28/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Paul and Robyn Sukatski
for damage to their septic tank, pursuant to Section 23 06 Charter of
the County of Kaua i.
COMMITTEE REPORTS
FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORTS:
CR-F/ED 2008-13: on F/ED 2008-4 Commmucation (6/23/2008) from Committee Chair Jay
Furfaro, requesting agenda time for the following
progress reports on the Administration s corrective action
and projected completion dates regarding the respective
Findings and Questioned Costs reflected in the Single
Audit Report for FY2006-2007
•Fincling 06-04, Grant Management - Finance-
Accounting
-Finding 07-05, Capitalization of Costs-Sewer
Enterprise Fund - Public Works Department
•Fincling 07-06, ('ompletion of Project Records - Public
Works Dept.
-Finding 07-07 Reconciliation of Project Records - Public
Works Dept.
•Finding07-09 Grant Management Transportation
Agency
• Fincling 07 10, Reporting-Civil Defense Agency
-Finding 07 14, Allowable Costs/Activities Allowed
Housing Agency
• Finding 07 15, Period of Availability - Housing Agency
• Finding 07 16, Program Income -Housing Agency
[Received for the record.]
CR-F/ED 2008-14: on F/ED 2008-3 Communication (06/12/2008) from Councilmember Mel
R.apozo, requesting that Keren Gundersen, Project
Manager Kaua'i Invasive Species Committee (IUSO,
update the Council on the Coqui Frog Infestation and
Eradication Program progress and success rate, the
maintenance and monitoring of the program, and KISO's
outreach efforts.
[Received for the record.]
Council Meeting Agenda 4 July 9 2008
PUBLIC WORKS COMMITTEE REPORTS:
CR-PW 2008-12: on PW 2008-4 Communication (0F,/14/2008) from (lommittee Chair Mel
Rapozo, requesting that the Department of Water provide
a report on their list of projects and associated water
allocations projected for future developments on Kaua'i.
[Received for the record.]
CR-PW 2008-13: on PW 2008-5 ('ommunication (06/24/2008) from ('ommittee Chair Mel
Rapozo, requesting an update and status report from the
Director of Parks & Recreation on the Countvs efforts to
comply with the Endangered Species Act, the Countvs
application for an Incidental Take Permit, and the
Habitat Conservation Plan, as they relate to the
threatened Newell's Shearwater and the endangered
Hawaiian Dark Rumped Petrel.
[Received for the record.]
ENERGY/PUBLIC SAFETY COMMITTEE REPORT:
CR-EPS 2008-3: on Resolution No 2008-23 RESOLTTTION REQTTESTING THE MAYOR
TO PREPARE, THROTTGH THE OFFICE OF
ECONOMIC DEVELOPMENT AN ENERGY
SUSTAINABILITY PLAN FOR KAUAI
COT TNTY
[Approved as amended.]
RESOLUTIONS
Resolution No 2008-23 Draft 1 RESOLUTION REQUESTING THE
MAYOR TO PREPARE THROUGH THE OFFICE OF ECONOMIC
DEVELOPMENT AN ENERGY SUSTAINABILITY PLAN FOR KAUAI COUNTY
(The Energy/Public Safety Committee recommended approval of Resolution
No. 2008-23 on second and final reading on July 2, 2008, see CR-EPS 2008-3)
Resolution No 2008-32 RESOLUTION AMENDING RESOLUTION NO .38
(1985) ESTABLISHING SPEED LIMITS FOR KOLOA ROAD KOLOA DISTRICT
Resolution No 2008-33 RESOLUTION PROPOSING A CHARTER
AMENDMENT RELATING TO CHARTER AMENDMENT
Resolution No 2008-34, RESOLUTION PROPOSING A CHARTER
AMENDMENT RELATING TO FINANCIAL PROCEDURES
Resolution No 2008-35 RESOLUTION PROPOSING A CHARTER
AMENDMENT RELATING TO DISCLOSURE OF INTERESTS
Council Meeting Agenda 5 July 9 2008
BILLS FOR FIRST READING
Proposed Draft Bill (No 2273) - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 22 OF THE KAUAI COUNTY CODE 1987 BY AMENDING
SECTION 22-5 4 TO ADD TO THE LIST OF EXCEPTIONAL TREES
Proposed Draft Bill (No 2274) - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 5A, KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO
)
REAL PROPERTY TAX (Copy of Proposed Draft Bill on file in the County
Clerk's Office.)
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-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 0612512008)
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 S(_)M/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. (Deferred 0612512008)
ADJOURNMENT
Council Meeting Agenda 6 July 9 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. 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 KAL 7, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2008
THROUGH JUNE 30,2009 (Amending Section 32 relating to eonrt fines and sanctions)
BILL NO. 2269 A -BILL FOR AN ORDINANCE TO AMEND SECTION 31 OF
ORDINANCE NO B-2008-67Z AS AAIENDED, RELATING TO THE OPERATING BUDGET OF
THE COUNTY" OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY` 1, 2008
THROUGH JUNE 30,'12009 (Amending Section 3 relating to funds budgeted for salaries)
BILL NO. 2270 AN ORDINANCE AMENDING ORDINANCE NO B-2008-6-,2, AS
AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF RAL'A7, 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 Irznproueruernt arad AlainteraancelRez,oluirig Fund)
BILL NO 2271 A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NOB-2008-
673, AS AMENDED, RELATING TO THE CAPITAL IMPROVEMENTS BL DGET OF THE
COUNTY OF KAUAI; STATE OF HAWAII, FOR THE FISCAL )EAR JULY 1, 2008 THROUGH
JUNE 0`0, 2009, BFREVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE
GENERAL 'FUND II($200,000 Energy Sustaii ubility Study andl' Plans, Office of IEcononlic l'
Deceloprn en t)
Resolution No. 200826, RESOLUTION INITIATING CHARTER AMENDMENT
RELATING To THE OFFICE OF THE COL NTY'AUDITOR
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