HomeMy WebLinkAbout08-27-2008 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, AUGUST 27, 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.
Council Meeting of July 30 2008
COMMUNICATIONS.
C 2008-241 Communication (08/04/2008) from Council Vice Chair Mel Rapozo,
transmitting for Council consideration, a proposed draft bill
appropriating $50 000 of County funds as a grant to the State
Department of Agriculture to be used to identify and monitor
samplings of odiferous sources as it relates to various incidents of
chemical odors that affected the Waimea and Kekaha areas between
November 2006 and April 2008 (See Proposed Draft Bill No. 2278)
C 2008-242 Communication (08/14/2008) from the Director of Finance,
transmitting for Council information the annual certified physical
inventory reports for the fiscal year ending June .30 2008 (Reports
on. file in. the County Clerk's Office.)
C 2008-24.3 Communication (08/14/2008) from JoAnn A. Yukimura, Planning
Committee Chair and Ronald Kouchi, Committee of the Whole Chair
transmitting for Council consideration, a proposed draft bill amending
Ordinance No B-2008-673 relating to the Fiscal Year 2008-2009
Capital Budget, by transferring $400 000 from the Project Contingency
in the General 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. 2279)
Council Meeting Agenda 2 August 27 2008
C 2008-244 Communication (08/18/2008) from Councilmember JoAnn A.
Yukimura, transmitting for Council consideration, a proposed draft bill
amending Chapter 22 of the Kauai County Code 1987 Section 22-5 4
to add to the list of exceptional trees (See Proposed Draft Bill
No. 2280)
C 2008-245 Conununication (08/18/2008) from Councilmember JoAnn A. Yukimura
and Council Vice Chair Mel Rapozo transmitting for Council
consideration, a Resolution to Support the Recovery of the Hawai i
State Mammal, the Critically Endangered Endemic Hawaiian Monk
Seal and urging Federal and State government agencies to adequately
fund the Hawaiian Monk Seal Recovery Plan and necessary staffing
(See Resolution No. 2008-12)
C 2008-246 Conununication (08/20/2008) from Council Chair Jay Furfaro
transmitting for Council consideration, a proposed draft bill relating to
the Real Property Tax specifically addressing Kuleana Land. (See
Proposed Draft Bill No. 2281)
C 2008-247 Conununication (08/06/2008) from the Housing Director requesting
Council approval as it relates to TMK. 3-3-003-039-0050 Villas at
Puali #50 as follows
a) Decline the repurchase of Unit No 50 Villas at Puali,
located at 4040 Puali Place Lihu e, Kaua i, Hawai i 96766
and provide a one-year waiver of the resale restriction,
b) Authorize the Housing Director to bid on the property if
the property goes to foreclosure auction at a price not to
exceed an amount established by the County Council,
C) Authorize the Director of Finance to provide a check equal
to ten percent (10%) or the maximum bid price authorized
by the County Council for bidding purposes and
d) Authorize the County Clerk to sign legal documents
related to the potential property acquisition.
C 2008-248 Communication (08/04/2008) from Council Chair Jay Furfaro
requesting Council approval to serve as the Kauai County Councils
representative to the Koke e State Park Advisory Council in the
capacity as an ex-officio non-voting member
LEGAL DOCUMENT
C 2008-239 Conununication (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 4-7-003-001) 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. (The Parks
and Recreation Committee recommended approval of
Legal Document C. 2008-39; see CR-PR 2008-5)
Council Meeting Agenda .3 August 27 2008
CLAIMS
C 2008-249 Communication (08/11/2008) from the County Clerk, transmitting a
claim filed against the County of Kaua i by Brenda Lazaro for damages
to her vehicle pursuant to Section 23 06 Charter of the County
of Iiaua i.
C 2008-250 Conununication (08/11/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Linda Morales for damages
to her vehicle, pursuant to Section 23 06 Charter of the County of
Kaua i.
C 2008-251 Communication (08/14/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Robert Denniston 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 2008-17 on F/ED 2008-7 Communication (7/31/2008) from Committee
Chair Daryl Kaneshiro requesting agenda
time for an update on the progress of
Administration s corrective action and
projected completion date on the following
Finding and (questioned Costs reflected in
the Single Audit Reports for FY2006-2007
• Finding 07-08 Preparation of Govern-
ment -Wide Financial Statements (Finance)
[Received for the record.]
PARKS & RECREATION COMMITTEE REPORTS:
CR-P/REC 2008-2: on Bill No 2267 A BILL FOR AN ORDINANCE TO
ESTABLISH A NEW ARTICLE 18,
CHAPTER 22 KAUAI COUNTY CODE
1987 AS AMENDED RELATING TO THE
CREATION OF DOG PARKS
[Approved as amended.]
CR-P/REC 2008-3: on Bill No 2266 A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 22 ARTICLE 2 KAUAI
COUNTY CODE 1987 RELATING TO
STRAY DOGS
[Approved as amended.]
CR-P/REC 2008-4: on Bill No 2265 Draft 1 A BILL FOR AN ORDINANCE TO
AMEND SECTION 19-1.3 AND
SECTION 19-14 OF THE KAUAI
COUNTY CODE 1987 AS AMENDED
RELATING TO PARKS AND
RECREATION
[Approved as amended.]
Council Meeting Agenda 4 August 27 2008
CR-P/REC 2008-5: on 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.
[Approved.]
COMMITTEE OF THE WHOLE COMMITTEE REPORTS:
CR-W 2008-20: on Resolution No 2008-34
RESOLUTION PROPOSING A CHARTER
AMENDMENT RELATING TO FINANCIAL
PROCEDURES
[Received for the record.]
CR-W 2008-21: on 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)
[Received for the record.]
RESOLUTIONS
Resolution No 2008-34, RESOLUTION PROPOSING A CHARTER
AMENDMENT RELATING TO FINANCIAL PROCEDURES (The Committee
of the Whole recommended receipt of Resolution. No. 2008-34; see
CR-W 2008-20)
Resolution No 2008-42 RESOLUTION SUPPORTING THE RECOVERY OF
THE HAWAII STATE MAMMAL, THE CRITICALLY ENDANGERED ENDEMIC
HAWAIIAN MONK SEAL
BILLS FOR FIRST READING
Proposed Draft Bill No 2278 - 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 (Office of Economic
Development Grant to the State Department of Agriculture for Pesticide Study &
Monitoring -including odiferous compounds $50 000)
Council Meeting Agenda 5 August 27 2008
Proposed Draft Bill No 2279 - A BILL FOR AN ORDINANCE TO AMEND
ORDINANCE NO B-2008-678 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 (Transfer
$400 000 from Project Contingency of the General Fund-CIP and appropriate funds
to a new item entitled Hapa Trail-Planning (Conceptual Design) Environmental
Assessment, and Final Design')
Proposed Draft Bill No 2280 - 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 (Old Koloa
Town, TMK. 2-8-004:53)
Proposed Draft Bill No 2281 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO
KULEANA LAND
BILLS FOR SECOND READING
Bill No 2265 Draft 2 - A BILL FOR AN ORDINANCE TO AMEND
SECTION 19-1.3 AND SECTION 19-14 OF THE KAUAI COUNTY CODE 1987
AS AMENDED RELATING TO PARKS AND RECREATION (The Parks &
Recreation Committee recommended approval of Bill No. 2265, Draft 2 oil
second and final reading, see CR-PR 2008-4)
Bill No 2266 Draft 1 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 22 ARTICLE 2 KAUAI COUNTY CODE 1987 RELATING TO STRAY
DOGS (The Parks & Recreation Committee recommended approval of Bill
No. 2266, Draft I on second and final reading, see CR-PR 2008-3)
Bill No 2267 Draft 1 - A BILL FOR AN ORDINANCE TO ESTABLISH A
NEW ARTICLE 18, CHAPTER 22 KAUA I COUNTY CODE 1987 AS AMENDED
RELATING TO THE CREATION OF DOG PARKS (The Parks & Recreation
Committee recommended approval of Bill No. 2267, Draft I on second and
final reading, see CR-PR 2008-2)
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 HAWAII, FOR THE FISCAL
YEAR JULY 1 2008 THROUGH JUNE .30 2009 (Amending Section .32 relating to
court fines and sanctions) (The Committee of the Whole recommended receipt
of Bill No. 2268, see CR-W 2008-21)
Council Meeting Agenda 6 August 27 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-351 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a) (4) (6) and (8) and
Kauai County Charter §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 case of Koloa
Creekside Estates, L.P. v. County 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. (Deferred 0811312008)
ADJOURNMENT
Council Meeting Agenda 7 August 27 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. _9275 AN ORDINANCE AMENDING ORDINANCE NO. B-2008-617.0 AS
AMENDED, RELATING TO THE CAPITAL BUDGET OFTHE COUNTY OF KAUAI, STATE OF
HAWAII, FOR THE FISCAL ) EAR JULY 1, 2008 THROUGH JUNE 3Q 2009, B F REVISING THE
S17RPLL'S AND APPROPRIATIONS ESTIMATED IN THE BOND FUND (Traci sfer $1 inillion front
Afalahia Road and $1 million front Kapa'a Baseyard Stractoral Renocation which totals to $2
million for liekaha Landfill Lateral Expansion)
Bill No. 227 6 AN ORDINANCE AMENDING ORDINANCE NO. 13-2008-673 AS
AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY' OF ZEAL AI, STATE OF
HAWAII, FOR THE FISCAL IIYEAR JULY 1, 2008 THROUGH JUNE 30, 2009, B I-REGISING THE I'
SURPLUS AND APPROPRIATIONS EST(AIATED IN THE GENERAL FUND ($2,906,450 front
Project Contingency to Ziekaha Landfill Lateral Expansion)
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
in the bulletin board, and filed in the County Clerk's Office asrequired by law
Notwithstanding this Council Agenda, the Council may hold ai!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