HomeMy WebLinkAbout07-30-2008 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, JULY 30, 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 July 7 2008
Council Meeting of July 9 2008
Public Hearing of July 9 2008 re Bills Nos 2268 2269 2270 2271 and
Resolution No 2008-26
Special Council Meeting of July 17 2008
Special Council Meeting of July 28 2008
COMMUNICATIONS.
C 2008-196 Communication (07/03/2008) from the Director of Finance
transmitting for Council information, the Statement of Condition of
the County Treasury as of April 30 2008
C 2008-197 Communication (07/03/2008) from the Director of Finance
transmitting for Council information the Period 11 Financial Reports -
Statement of Revenues as of May .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 2008-198 Communication (07/07/2008) from the Purchasing & Assistant
Contracts Administrator transmitting for Council information, the
Fiscal Year 07/08 41h (quarter Statement of Equipment Purchases
(Report on. file in. the County Clerk's Office.)
Council Meeting Agenda 2 July .30 2008
C 2008-199 Communication (07/24/2008) from the Council Chair transmitting for
Council consideration, a resolution to reappoint Caren F Diamond to
serve on the Public Access Open Space Natural Resources
Preservation Fund Commission as a Council appointee pursuant to
Ordinance No 812. (See Resolution No. 2008-37)
C 2008-200 Conununication (07/10/2008) from the County Clerk, transmitting for
Council consideration, a Salary Commission Resolution dated June 24
2008 which is entitled, Resolution Relating To The Salaries Of
Certain Officers And Employees Of The County Of Kaua i
• Resolution of the Salary Commission of the County of Kauai
relating to the salaries of certain officers and employees of the
County of Kauai (June 24, 2008)
C 2008-201 Conununication (07/10/2008) from Councilmember Jay Furfaro
transmitting for Council consideration, a resolution to designate the
County of Kauai as a Preserve America Community (See
Resolution No. 2008-38)
C 2008-202 Conununication (07/10/2008) from Councilmember Ron Kouchi,
transmitting for Council consideration, a resolution to amend
Resolution No 12-91, relating to the County s Records Disposal Policy
by repealing the Records Disposal Committee and establishing
additional requirements for the retention and disposal of government
records in accordance with Hawaii Revised Statutes Section 46-4.3
(See Resolution No. 2008-39)
C 2008-203 Conununication (07/18/2008) from Councilmember Shaylene Iseri-
Carvalho requesting agenda time to provide a report on the recent
National Association of Counties (NACo) 2008 Annual Conference
C 2008-204 Request (07/22/2008) from the Office of the County Attorney for an
agenda item on the County Council s July 30 2008 agenda relating to
the formation of Community Facilities District No 2008-1 (Kukui'ula
Development Project) to (1) receive the petition of Kukui ula
Development Company (Hawaii) LLC requesting that the County
Council initiate and conduct proceedings for the establishment of
Community Facilities District No 2008-1 (Kukuiula Development
Project) and (2) consider a resolution of intention (i) authorizing the
initiation of proceedings for the proposed establishment of Community
Facilities District No 2008-1 (Kukui ula Development Project) the
proposed funding of certain public facilities relating to the proposed
District and the proposed levy of special taxes on properties within the
proposed District, (ii) making certain preliminary findings and
determinations relating to the proposed District, (iii) approving the
form and execution of an acquisition and funding agreement
pertaining to the funding of certain public facilities relating to the
proposed District, and (iv) authorizing other matters deemed necessary
in connection with the proposed District.
Council Meeting Agenda .3 July .30 2008
C 2008-205 Communication (07/24/2008) from the County Engineer Department of
Public Works transmitting for Council consideration, two (2) proposed
bills requesting to amend Ordinance No B-2008-678 relating to the
Fiscal Year 2008-2009 Capital Budget for the Kekaha Landfill Lateral
Expansion in the amount of $4,906 450 which $1000 000 will be from
Maluhia Road, $1000 000 from Kapa a Baseyard Structural
Renovation, (Bond Fund) and $2,906 450 from General Fund CIP
(Project Contingency) (See Proposed Draft Bill No. 2275 and
Proposed Draft Bill No. 2276)
C 2008-206 Communication (07/24/2008) from Councilmember Ron Kouchi,
transmitting for Council consideration, a proposed resolution of
intention, pursuant to Chapter 26 (special improvement financing by
community facilities district) Kaua i County Code 1987 as amended
as follows
• Establish Community Facilities District No 2008-1 (Kukuiula
Development Project)
• Authorize financing for prescribed special improvements
• Authorize execution of the Acquisition and Funding Agreement
for such special improvements and
• Authorize levy of a special tax.
(See Resolution No. 2008-40)
C 2008-207 Conununication (06/10/2008) from the Chief of Police, requesting
Council approval for acceptance of the Hawaii Anti-Trafficking Task
Force Grant in the amount of $10,000 of Federal moneys which will
assist in the battle against Illegal Human Trafficking within the State
of Hawaii and providing financial funding for training projects
equipment, and overtime
C 2008-208 Communication (07/10/2008) from the Prosecuting Attorney
requesting Council approval to expend 1) $7,250 of State Asset
Forfeiture Funds to purchase four (4) Laptop computers with docking
stations and monitors and 2) $1,300 for IT required software
(additional $325 per computer) for use by various Deputy Prosecuting
Attorneys
C 2008-209 Communication (07/16/2008) from the Prosecuting Attorney
requesting Council approval to apply for receive and expend Federal
funds in the amount of $14,145 from the Edward J Byrne Memorial
Justice Assistance Grant (JAG) FY 2008 Local Solicitation Subpoena
Services Grant, which funds will be used for hiring a private business
to deliver subpoenas for the Office of the Prosecuting Attorney
C 2008-210 Communication (07/16/2008) from the Chief of Police, requesting
Council approval to receive and expend in excess of $5 million over a
six (6) year period of State Funds which was recently approved for
public safety IT systems from the State of Hawai i s Wireless Enhanced
911 Board.
Council Meeting Agenda 4 July .30 2008
C 2008-211 Communication (07/16/2008) from the Fire Chief, requesting Council
approval to extend the donation from Princeville Mauka Village, LLC
through the first week of August 2008 to allow time needed to move
back to the Hanalei Fire Station and return the Princeville Airport
hangar facility to its original configuration. (NOTE: At the April 23,
2008 Council Meeting, C. 2008-108 was approved and is on file in
the Clerk's Office.)
C 2008-212 Communication (07/16/2008) from Michael J Belles Belles Graham
Proudfoot Wilson & Chun, LLP Attorneys at Law requesting that the
Council receive a petition for establishment, Community Facilities
District No 2008-1 pursuant to Sections 26-21 and 26.2.2 of
Chapter 26 of the Kauai County Code 1987 and in compliance with
Section 26-2.1(b)(1) which a petition has been signed by the owners of
at least twenty-five percent (25%) of the land to be taxed in the
proposed district.
C 2008-213 Request (07/18/2008) from the Office of the County Attorney for
authorization to expend funds up to $50 000 00 to engage special
counsel regarding proposed Charter amendments that will take the
form of three different methods (1) petition, (2) Charter Commission
recommendations and (8) Council resolution, and other matters
relating to Charter amendments
C 2008-214 Request (07/23/2008) from the Office of the County Attorney for
authorization to expend funds up to $50 000 for special counsel to
represent the Planning Department of the County of Kauai in
Planning Department of the Countv of Kauai vs. Patricia W. &
Michael G. Sheehan, Sr. Permit Numbers Special Management Area
Use, Permit SMA (U) 87-8 Use Permit U-87-32, Special Permit SP-87-
9 Class IV Zoning Permit Z-IV-87-40 (The Planning Commission of the
County of Kaua i, State of Hawai i) and related matters
C 2008-215 Request (07/23/2008) from the Office of the County Attorney for
approval to expend $19,880 05 from fiscal year 2008 to pay for work
clone by special counsel in fiscal year 2008 representing the County in
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 received in fiscal year 2009 and
associated matters
C 2008-216 Communication (07/02/2008) from the Housing Director requesting
that the Council decline its option to repurchase Unit No 102 Villas at
Puali, located at 1918 Haleukana Street, Lihu e Kauai, Hawaii, and
permit market sale of the unit for a period of one-year
Council Meeting Agenda 5 July .30 2008
LEGAL DOCUMENT
C 2008-217 Communication (06/24/2008) from the Emergency Management
C )fficer Kaua i Civil Defense Agency requesting Council to approval of
the lease agreement between the County of Kaua i and Pinnacle
Towers Asset Holdings LLC which extends the lease of the County s
800 MHz radio site located on a site known as Grove Farm, which the
term of the lease expires on June .30 2011 and automatically extends
for two (2) renewal periods of five (5) years unless terminated by either
party
First Amendment to Lease No 360400673N0025 County of
Kaua i.
C 2008-218 Communication (07/24/2008) from the Chief, Engineer Division,
Department of Public Works requesting Council approval of the
following in connection with the proposed State Department of
Transportation project; the State requires the transfer acquisition,
and temporary use of portions of properties owned by and/or under
the jurisdiction and control of the County of Kaua i.
• Right-of-Entry Agreement by and between the State of
Hawaii and the County of Kauai for Kaumuali i Highway
widening, Lihu e to west of Maluhia Road, Phase I, Lihu e to
west of Kipu Road, FAP No STP-0501-(26) District of Lihu e
Island and County of Kauai, Tax Map Keys 3-3-4-20
(portion) 3-3-4 Nani Street (portion) .3-8-26-21 (portion) and
3-3-3-43 (portion)
CLAIMS
C 2008-219 Communication (07/07/2008) from the County Clerk, transmitting a
claim filed against the County of Kaua i by Rodney L. Sanchez for
damages to his vehicle pursuant to Section 23 06 Charter of the
County of Kauai.
C 2008-220 Conununication (07/07/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Arnold Bueno for damages
to his vehicle pursuant to Section 28 06 Charter of the County
of Kaua i.
C 2008-221 Communication (07/09/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Edward Sheehan for
damages to his vehicle pursuant to Section 28 06 Charter of the
County of Kauai.
C 2008-222 Communication (07/11/2008) from the County Clerk, transmitting a
claim filed against the County of Kaua i by Marty Joseph Martins for
loss of his personal property pursuant to Section 23 06 Charter of the
County of Kauai.
C 2008-223 Conununication (07/14/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Darlene M. Ruiz-Farias for
damages to her vehicle, pursuant to Section 28 06 Charter of the
County of Kauai.
Council Meeting Agenda 6 July .30 2008
C 2008-224 Communication (07/14/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Georgia Denio for damages
to her rental vehicle pursuant to Section 23 06 Charter of the County
of Kaua i.
C 2008-225 Communication (07/18/2008) from the County Clerk, transmitting a
claim filed against the County of Kaua i by Brandee Figueira for
damages to her vehicle, pursuant to Section 23 06 Charter of the
County of Kauai.
C 2008-226 Conununication (07/18/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Quirino S Alcantara 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 2008-15: on F/ED 2008-5 Communication (7/10/2008) from Committee
Chair Jay Furfaro requesting agenda time
for a progress report on the Administrations
corrective action and projected completion
date on the following Finding and
Questioned Costs reflected in the Single
Audit Reports for FY2006-2007
• Finding 07-04 Accounting Accounting for
Business -Type CIP
[Received for the record.]
COMMITTEE OF THE WHOLE COMMITTEE REPORTS:
CR-W 2008-12: on Resolution No 2008-26
RESOLUTION INITIATING CHARTER
AMENDMENT RELATING TO THE OFFICE OF
THE COUNTY AUDITOR
[Approved.]
CR-W 2008-13: on Bill No 2270 AN ORDINANCE AMENDING ORDINANCE
NO B-2008-672 AS AMENDED RELATING
TO THE OPERATING BUDGET OF THE
COUNTY OF KAUAI, 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)
[Approved.]
Council Meeting Agenda 7 July .30 2008
CR-W 2008-14: on 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 KAUAI, STATE OF HAWAI I, FOR THE
FISCAL YEAR JULY 1 2008 THROUGH JUNE
.30 2009 BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE
GENERAL FUND ($200000 - Energy
Sustainability Study and Plans Office of
Economic Development)
[Approved.]
CR-W 2008-15: on 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
[Received for the record.]
RESOLUTIONS
Resolution No 2008-37 RESOLUTION APPOINTING A MEMBER TO THE
PUBLIC ACCESS OPEN SPACE NATURAL RESOURCES PRESERVATION
FUND COMMISSION (Caren F Diamond, Council reappointment)
Resolution No 2008-38 AUTHORIZING THE APPLICATION AND
DESIGNATION OF THE COUNTY OF KAUAI AS A PRESERVE AMERICA
COMMUNITY"
Resolution No 2008-39 RESOLUTION AMENDING RESOLUTION NO 49
(1986) AS AMENDED BY RESOLUTION NO 12-91 (1991) RELATING TO
)
RECORDS DISPOSAL POLICY
Resolution No 2008-40 A RESOLUTION DECLARING THE INTENTION
TO ESTABLISH A COMMUNITY FACILITIES DISTRICT TO AUTHORIZE
FINANCING FOR PRESCRIBED SPECIAL IMPROVEMENTS TO AUTHORIZE
EXECUTION OF THE ACQUISITION AND FUNDING AGREEMENT FOR SUCH
SPECIAL IMPROVEMENTS, AND TO AUTHORIZE LEVY OF A SPECIAL TAY,
COMMUNITY FACILITIES DISTRICT NO 2008-1 (KUKUIULA
DEVELOPMENT PROJECT)
Resolution No 2008-26 RESOLUTION INITIATING CHARTER
AMENDMENT RELATING TO THE OFFICE OF THE COUNTY AUDITOR (The
Committee of the Whole recommended approval of Resolution No. 2008-26 oil
second and final reading on 0712312008; see CR-W 2008-12)
Council Meeting Agenda 8 July .30 2008
BILLS FOR FIRST READING
Proposed Draft Bill (No 2275) - AN ORDINANCE AMENDING
ORDINANCE NO B-2008-673 AS AMENDED RELATING TO THE CAPITAL
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 BOND FUND (Transfer $1 million
from Maluhia Road and $1 million from Kapa a Baseyard Structural Renovation
which totals to $2 million for Kekaha Landfill Lateral Expansion)
Proposed Draft Bill (No 2276) - AN ORDINANCE AMENDING
ORDINANCE NO B-2008-673 AS AMENDED RELATING TO THE CAPITAL
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 ($2,906 450
from Project Contingency to Iiekaha Landfill Lateral Expansion)
BILLS FOR SECOND READING
Bill No 2270 - AN ORDINANCE AMENDING ORDINANCE NO
B-2008-672, AS AMENDED RELATING TO THE OPERATING BUDGET OF THE
COUNTY OF KAUAI, 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) (The Committee of the Whole
recommended approval of Bill No. 2270 on second and final reading on
0712312008; see CR-W 2008-13)
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) (The Committee of the Whole recommended approval
of Bill No. 2271 on second and final reading on 0712312008; see
CR-W 2008-14)
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.)
Council Meeting Agenda 9 July .30 2008
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 08-00086 SOM/KSC (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. (Deferred 0710912008)
ES-348 Pursuant to Haw Rev Stat. sections 92-4 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 proposed charter
amendments that will take the form of three separate and distinct
methods petition, charter commission recommendations and council
resolution, and other matters relating to charter amendments This
briefing and consultation involves the consideration of the powers
duties privileges immunities and/or liabilities of the Council and the
County as they relate to claims and/or potential claims relating to this
agenda item.
ES-349 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 Planning Department of
the Countv of Kaua i vs. Patricia W. & Michael G. Sheehan, Sr. Permit
Numbers Special Management Area Use, Permit SMA (U) 87-8, Use
Permit U-87-32, Special Permit SP-87-9 Class IV Zoning Permit Z-IV-
87-40 (Planning Commission of the County of Kaua i, State 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.
ADJOURNMENT
Council Meeting Agenda 10 July .30 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. 2273 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 22 OF THE KAE47
COUNTY CODE 1987 BY AMENDING SECTION22-5.I TO ADD TO THE LIST OF
E CEPTIONAL TREES
Bill No. 2274 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 5A, KAUAI
COt TNT F CODE 7987, AS AMENDED, RELATING TO REAL PROPERTY TAX
Resolution No. 2008 33, RESOLUTION PROPOSING A CHARTER AMENDMENT
RELATING To CHARTER AMENDMENT
Resolittion No. 2008 34, RESOLUTION' PROPOSING A IICHARTER AMENDMENT I'
RELATINGTO FINANCIAL PROCEDURES
RvsoluEion No. 2008 35, RESOLUTION PROPOSING A CHARTER AMENDMENT
RELATINGTo DISCLOSURE OFINTERESTS
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