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Home My WebLink About08-13-2008 COUNCIL AGENDA COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, AUGUST 13, 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 30 2008 Public Hearing of July 30 2008 re. Bill No 2273 Resolution No 2008-33 Resolution No 2008-34, and Resolution No 2008-35 COMMUNICATIONS. C 2008-227 Communication (07/15/2008) from the Chief, Building Division, Department of Public Works transmitting for Council information, the Building Permit Information Reports for May 2008 that includes the following items 1) Building Permit Processing Report 2) Building Permit Estimated Value of Plans Summary 3) Building Permits Tracking Report 4) Building Permits Status C 2008-228 Communication (07/15/2008) from the Chief, Building Division, Department of Public Works transmitting for Council information, the Building Permit Information Reports for June 2008 that includes the following items 1) Building Permit Processing Report 2) Building Permit Estimated Value of Plans Summary 3) Building Permits Tracking Report 4) Building Permits Status C 2008-229 Communication (07/21/2008) from the Director of Personnel Services transmitting for Council information, the fourth quarter report (April- June 2008) relative to vacancies established positions new hires reallocations and promotions (Report on. file in. the County Clerk's Office.) Council Meeting Agenda 2 August 1.3 2008 C 2008-280 Communication (07/25/2008) from the Director of Finance transmitting for Council information the Period 12 Financial Reports - Statement of Revenues as of June .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.) C 2008-281 Communication (07/30/2008) from Council Vice Chair Mel Rapozo transmitting for Council information, his written disclosure in follow- up to his oral declaration at the July 30 2008 Council meeting of a financial conflict of interest on agenda item C 2008-209 relating to the Edward J Byrne Memorial Justice Assistance Grant (JAG) Fiscal Year 2008 (Local Solicitation Subpoena Services Grant) C 2008-232 Conununication (08/01/2008) from Councilmember JoAnn A. Yukimura and Council Chair Jay Furfaro transmitting for Council consideration, a resolution to re-name Hapa Road located in the Koloa/Po ipu District, to Hapa Trail, in accordance with the reconunendation set forth in the Iioloa-Po ipu Area Circulation Plan, which was donated to the County of Kauai in August of 2007 (See Resolution No. 2008-41) C 2008-23.3 Communication (08/01/2008) from JoAnn A. Yukimura, Planning Conunittee Chair and Ron Kouchi, Committee of the Whole transmitting for Council consideration, a proposed draft bill amending Ordinance B-2008-673 relating to the Fiscal Year 2008-2009 Capital Budget, by transferring $400 000 from the Maluhia Road Bond Fund- CIP to a new item entitled Hapa Trail-Planning (Conceptual Design) Environmental Assessment, and Final Design, of which $200 000 will be used for the conceptual design and environmental assessment and $200 000 for the final design. (See Proposed Draft Bill No. 2277) C 2008-234 Communication (07/24/2008) from the Prosecuting Attorney requesting Council approval to apply for receive and expend Federal funds in the amount of $10 000 for the period commencing August 1 2008 to July .31 2009 and to indemnify the State of Hawaii, Department of Human Services Office of Youth Services which funds will be allocated for the continuation of the Youth Level Service/Case Management Inventory Program. C 2008-235 Communication (07/24/2008) from the Prosecuting Attorney requesting Council approval to apply for receive and expend Federal funds for the Domestic Violence Prosecution Unit in the amount of $46 40.3 for continuation of the program for the term commencing December 1, 2008 to November .30 2009 and approval to indemnify the State of Hawaii, Department of the Attorney General, which funds will be expended for salaries/wages and supplies for the Domestic Violence Prosecution Unit. Council Meeting Agenda .3 August 1.3 2008 C 2008-286 Communication (07/25/2008) from the Director of Parks & Recreation, requesting Council approval to purchase new and replacement public address systems for Kapa a New Park, Hanapepe Stadium, and Vidinha Stadium Football/Soccer fields which totals $23 000 C 2008-237 Communication (07/30/2008) from the Director of Office of Economic Development, requesting Council approval to accept a donation of one case (20) of U-Bent T-8 fluorescent lamps from Philips Lighting for use in the Pi ikoi Meeting Rooms A&B which has an estimated value of $1,241.20 C 2008-238 Request (08/04/2008) from the Office of the County Attorney for authorization to expend additional funds up to $100 000 for special counsel to represent 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 associated matters LEGAL DOCUMENT C 2008-239 Communication (07/24/2008) from the Director of Parks & Recreation, requesting Council approval to provide an electrical service easement to Kauai Island Utility Cooperative for the Kealia Beach Park Comfort Station (TMK 4-7-00.3-001) as follows • Grant of Easement from the County of Kauai to Kauai Island Utility Cooperative conveying Easement E-1 Kealia, Kauai, Hawaii, for electrical service to the comfort station. CLAIMS C2008-240 Communication (07/28/2008) from the County Clerk, transmitting a claim filed against the County of Kauai by Waste Management of Hawaii, Inc. for damages to their equipment, pursuant to Section 23 06 Charter of the County of Kaua i. COMMITTEE REPORTS Council Meeting Agenda 4 August 1.3 2008 FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORT CR-F/ED 2008-16: on F/ED 2008-6 Communication (7/31/2008) from Committee Chair Daryl W Kaneshiro requesting agenda time for an update on the progress of the Administrations corrective action and projected completion dates on the following Findings and Questioned Costs reflected in the Single Audit Reports for FY2006-2007 • Finding 07-02 Preparation of the Schedule of Expenditures of Federal Awards (Housing - Accounting) • Finding 07-03 Accounting for Federally Funded Loan Programs (Housing - Accounting) [Received for the record.] PLANNING COMMITTEE REPORTS: CR-PL 2008-4: on PL 2008-2 Communication (7/23/2008) from Committee Chair Yukimura, requesting agenda time for a briefing on the status of the Hawaiian Monk Seal from Keiko Bonk, Hawai i Program Director of the Hawaii Marine Conservation Biology Institute and Mimi ( )lry Kauai Monk Seal Response Coordinator from the National Marine Fisheries Service. [Received for the record.] CR-PL 2008-5: on Bill No 227.3 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 [Approved.] COMMITTEE OF THE WHOLE COMMITTEE REPORTS: CR-W 2008-16: on Resolution No 2008-33 RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO CHARTER AMENDMENT [Received for the record.] CR-W 2008-17 on W 2008-5 Communication (7/31/2008) from Committee Chair Ron Kouchi, requesting that the Director of Finance be present to provide a comprehensive review of the Proposed Real Property Tax Bill (Bill No 2274) [Received for the record.] CR-W 2008-18: on Resolution No 2008-35 RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO DISCLOSURE OF INTERESTS [Approved.] Council Meeting Agenda 5 August 1.3 2008 CR-W 2008-19: on 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 KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1 2008 THROUGH JUNE .30 2009 (Amending Section .31 relating to funds budgeted for salaries) [Received for the record.] RESOLUTIONS Resolution No 2008-38 AUTHORIZING THE APPLICATION AND DESIGNATION OF THE COUNTY OF KAUAI AS A PRESERVE AMERICA COMMUNITY' (Deferred 0713012008) Resolution No 2008-26 RESOLUTION INITIATING CHARTER AMENDMENT RELATING TO THE OFFICE OF THE COUNTY AUDITOR (Deferred 0713012008) Resolution No 2008-33 RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO CHARTER AMENDMENT (The Committee of the Whole recommended receipt of Resolution No. 2008-33; see CR-W 2008-16) Resolution No 2008-35 RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO DISCLOSURE OF INTERESTS (The Committee of the Whole recommended approval of Resolution. No. 2008-35 on. second and final reading on 0810612008; see CR-W 2008-18) Resolution No 2008-41 RESOLUTION RENAMING HAPA ROAD TO HAPA TRAIL IN THE COUNTY OF KAUA I BILLS FOR FIRST READING Proposed Draft Bill No 2277 - A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO B-2008-678, AS AMENDED, RELATING TO THE CAPITAL 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 BOND FUND (Transfer of $400 000 from Maluhia Road to Hapa Trail-Planning Conceptual Design, Environmental Assessment, and Final Design) BILLS FOR SECOND READING Bill No 227.3 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 22 OF THE KAUA I COUNTY CODE 1987 BY AMENDING SECTION 22-5 4 TO ADD T( THE LIST OF EXCEPTIONAL TREES (The Planning Committee recommended approval of Bill No. 2273 on second and final reading on 0810612008; see CR-PL 2008-5) Council Meeting Agenda 6 August 1.3 2008 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 HAWAII, FOR THE FISCAL YEAR JULY 1 2008 THROUGH JUNE 30 2009 (Amending Section 31 relating to funds budgeted for salaries) (The Committee of the Whole recommended receipt of Bill No. 269; see CR-W 2008-19) 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-350 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) (6) and (8) and Kauai County Charter section 3 07(E) the purposes of this executive session are to provide Council a briefing update and to request authority relating to possible settlement proposal(s) in the cases of 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 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. ES-351 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a) (4) (6) and (8) and Kauai County Charter §8 07(E) the purposes of this executive session are to provide Council a briefing update, and to request authority relating to possible settlement proposal(s) in the case of Koloa Creekside Estates, L.P. v. Countv of Kauai, et al., Civ No 07-1-0191 and related matters The 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 August 1.3 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. 2274 9 BILL FOR AN ORDINANCE TO .9117END CHAPTER 5,4, BALM C.O L NTF-CODE 1 J8 7 , AS AMENDED, RELATING TO REAL PROPER TY TAX 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