HomeMy WebLinkAbout09-10-2008 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, SEPTEMBER 10, 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 August 13 2008
COMMUNICATIONS.
C 2008-252 Communication (08/06/2008) from Council Chair Jay Furfaro
requesting agenda time for a briefing by Dr Monty Downs on the
Ocean Safety Program.
C 2008-25.3 Communication (08/13/2008) from the Chief, Building Division,
Department of Public Works transmitting for Council information, the
Building Permit Information Reports for July 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 2008-254 Communication (08/13/2008) from the Planning Director transmitting
the Planning Commission s recommendation of approval for the subject
Zoning Amendment petition ZA-2008-3 from Residential District R-2 to
Residential District R-4, TMK 2-4-1.310 Kalaheo Homesteads
(Miriam Gomes Rita, Applicant) (Applicant's petition, Staff Report,
and Excerpt of the Planning Commission's public hearing
minutes of July 22, 2008 on. file in. the County Clerk's Office) (See
Proposed Draft Bill No. 2282)
Council Meeting Agenda 2 September 10 2008
C 2008-255 Communication (08/25/2008) from the Acting Manager and Chief
Engineer Department of Water transmitting for Council information
the Department of Water s quarterly financial reports as of
December .30 2007 March .31 2008 and June .30 2008 as per the
County Charter Section 17 03A. (Copies on. file in. the County
Clerk's Office.)
C 2008-256 Conununication (undated, received on 08/25/2008) from the Director of
Personnel Services transmitting for Council information the following
classification requests which the Department of Personnel Services
will be reviewing and taking appropriate action.
• Public Works Department, Position #1890 (Present Class of Solid
Waste Program Assistant to Senior Account Clerk)
• Public Works Department, Position #14.38 (Present Class of
Engineering Drafting Technician III to Construction Inspector 1)
C 2008-257 Communication (08/28/2008) from Councilmember JoAnn A.
Yukimura, transmitting for Council consideration, a proposed draft bill
that amends the Kaua i County Code pertaining to Transient Vacation
Rental and clarifies that the definition of `Transient Vacation Rental
does not include `Time Share Units which are regulated by State law
under H.R.S Section 514E. (See Proposed Draft Bill No. 2283)
C 2008-258 Conununication (09/04/08) from Council Chair Jay Furfaro
transmitting for Council consideration, a proposed draft bill that
amends Chapter 8 Kauai County Code 1987 pertaining to transient
vacation rentals by removing the requirement for multi-family units
within the visitor destination area to post individual signage and to
include registration numbers in its advertising (See Proposed Draft
Bill No. 2284)
C 2008-259 Communication (08/29/2008) from Councilmember Ronald Kouchi,
transmitting for Council information, his written disclosure of a
possible conflict of interest on Bill No 2275 and Bill No 2276 because
of his financial interest in Garden Island Disposal, Inc. and his recusal
from any discussions or deliberations on these bills
C 2008-260 Communication (09/04/2008) from Council Chair Jay Furfaro
requesting that the Administration be present to discuss acquiring a
temporary storage site for police evidence and their plans/timeline for
repairs to the Ka Hale Maka i U Kaua i (Police/Civil
Defense/Prosecuting Attorney) Complex.
Council Meeting Agenda .3 September 10 2008
C 2008-261 Communication (09/04/2008) from Councilmember Ronald Kouchi,
transmitting for Council consideration, a proposed draft bill
authorizing the formation of the County of Kaua i Community
Facilities District (°CFD') No 2008-01 (Kukuiula Development
Project) (See Proposed Draft Bill No. 2285)
C 2008-262 Request (08/29/2008) from the Office of the County Attorney for
authorization to expend up to $100 000 from the special counsel
account to continue to retain outside counsel to represent the County
in Gerard R. Bosma, et al. v. James H. Pflueeer, et al., Civ 08-1-0052
(Fifth Circuit Court) Ronald and Gina Calisher v. James H. Pflueeer.
et al_ Civ 07-1-0106 (Fifth Circuit Court) Bruce Fehrine, Individuallv
And As Special Administrator of the Estates of Aurora Fehrine, et al.
v. James H. Pflueeer, et al., Civ No 06-1-0082 (Fifth Circuit Court)
and Bette Midler, et al. v. James H. Pflueeer, et al_ Civ No 06-1-0110
(Fifth Circuit Court) and related matters
C 2008-26.3 Communication (08/11/2008) from the Director of Finance, requesting
Council approval to dispose of various Purchasing Division Records
which have been deemed to be water damaged and/or in various stages
of deterioration clue to mold and mildew as follows
A) Contract Files Dispose records dated prior to 4/19/1996
B) Public Auction Files Dispose records dated prior to 9/29/2006
C) Bid Work Folders Dispose records dated prior to 5/9/2002
D) Informal Bid Files Dispose records dated prior to 4/19/2007
E) Purchase Orders Dispose records dated prior to 4/7/2006 (which
electronic copies are on file in their office)
C 2008-264 Communication (08/25/2008) from the Prosecuting Attorney
requesting Council approval to apply for receive and expend Federal
funds in the amount of $75 000 for the continuation of the Property
Crime Prosecution Unit, and to indemnify the State of Hawaii,
Department of the Attorney General. Funds will be utilized for salaries
and the program will commence on January 1 2009 through June .30
2009
C 2008-265 Conununication (08/25/2008) from the Anti-Drug Coordinator
requesting Council approval to apply for receive and expend the
Title V-Office of Youth Services Grant for Fiscal Year 2008 in the
amount of $60 000 and requires a match of $15 000 cash and $15 000
of in-kind funds which will be used for the continuation of the Kaua i
Big Brothers and Big Sisters Project that provides one-on-one
mentoring of grade school children by high school students and adults
at designated sites
Council Meeting Agenda 4 September 10 2008
C 2008-266 Communication (08/25/2008) from the Prosecuting Attorney
requesting Council approval to apply for receive and expend Federal
funds in the amount of $26 000 for the continuation of the Domestic
Violence Prosecution Unit, and to indemnify the State of Hawaii,
Department of The Attorney General. Funds will be expended for
salaries and the program will commence on January 1 2009 through
June.30 2009
C 2008-267 Conununication (08/25/2008) from the Deputy County Clerk, informing
the Council of a temporary change in classification of a vacant
Program Support Technician position to a Temporary Elections Clerk
for an 89-day contract to assist in conjunction with the 2008 Primary
and General Elections walk-in absentee voting
C 2008-268 Conununication (08/29/2008) from Jennifer Luck, Executive Director
Kauai Public Land Trust, requesting Council approval to apply for
funds from the State of Hawai i Legacy Land Conservation Program
for the acquisition of Lot 49 (TMK. 4-5-5-1-49) adjacent to Black Pot
Park and/or other nearby available parcels
W 2008-7 Communication (8/21/08) from Gary K. Heu, Administrative Assistant,
requesting discussion on potential funding opportunities for local
water resource projects available under the federal Water Resources
Development Act (WRDA) (Referred from. the 0910312008
Committee of the Whole Meeting.)
LEGAL DOCUMENT
C 2008-269 Communication (07/30/2008) from the Mayor recommending Council
approval to obtain a portion of the Krushell Subdivision for roadway
widening (TMK (4) 2-8-025-056) as follows
• Dedication Deed from David S Krushell and Usher K. Krushell
to the County of Kauai which conveys a roadway lot
(Lot 28-A-3) for roadway widening purposes
CLAIMS
C 2008-270 Conununication (08/21/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Waichiro Hayashi for
damages to his vehicle pursuant to Section 28 06 Charter of the
County of Kauai.
Council Meeting Agenda 5 September 10 2008
C 2008-271 Communication (08/25/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by AAA as subrogee for Sean
Kosen for damages to his vehicle pursuant to Section 28 06 Charter of
the County of Kaua i.
C 2008-272 Communication (08/26/2008) from the County Clerk, transmitting a
claim filed against the County of Kaua i by Thomas and Helene Vierra
for damages to their vehicle, pursuant to Section 28 06 Charter of the
County of Kauai.
C 2008-27.3 Communication (08/29/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Albert T Asai for damages
to his vehicle pursuant to Section 28 06 Charter of the County
of Kaua i.
COMMITTEE REPORTS
FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORT
CR-F/ED 2008-18: on F/ED 2008-8 Communication (7/31/2008) from Committee
Chair Daryl Kaneshiro requesting agenda
time for an update on the progress of
Administration s corrective actions and
projected completion dates on the following
Findings and (questioned Costs reflected in
the Single Audit Reports for FY 2006-2007
• Finding 06-02 Government-Wide
Financial Statements - Accrual Accounting
(Finance)
• Finding 07-01 Section 8 Fund Balance
Reconciliation (Housing)
• Finding 07-12 Cash Management
(Housing)
[Received for the record.]
PUBLIC WORKS COMMITTEE REPORTS:
CR-PW 2008-14: on Bill No 2275 AN ORDINANCE AMENDING
ORDINANCE NO B-2008-673 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 $1 million from
Maluhia Road and $1 million from Kapa a
Baseyard Structural Renovation which totals
to $2 million for Kekaha Landfill Lateral
Expansion) and
[Approved.]
Council Meeting Agenda 6 September 10 2008
on Bill No 2276 AN ORDINANCE AMENDING
ORDINANCE NO B-2008-673 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
GENERAL FUND ($2,906450 from Project
Contingency to Kekaha Landfill Lateral
Expansion)
[Approved.]
COMMUNITY ASSISTANCE/INTERGOVERNMENTAL RELATIONS
COMMITTEE REPORT:
CR-CA/IGR 2008-15: on CA/IGR 2008-13 Communication (7/1/2008) from Mel
Rapozo Hawai i State Association of
Counties (HSAC) President,
requesting that proposals for the 2009
HSAC Legislative Package be
submitted for
discus sion/consideration.
[Received for the record.]
PARKS & RECREATION COMMITTEE REPORTS:
CR-P/REC 2008-6: on P/REC 2008-1 Communication (8/14/2008) from Committee
Chair Tim Bynum, requesting that the
Director of Parks and Recreation brief the
Council on the following-
1) Provide an update of the energy/electrical
use (kilowatt) for each of the County
parks by month as compared to the same
month a year ago
2) How will the department monitor the
energy use at each County Park?
3) How will the department monitor and
prevent personal use of electrical services
(i.e illegal campers using electricity to
power freezers and refrigerators) at
County parks?
4) How will the department address the
electrical theft that is taking place at
various County parks?
[Received for the record.]
PLANNING COMMITTEE REPORTS:
CR-PL 2008-6: on PL 2008-3 Communication (8/21/2008) from Committee Chair
JoAnn A. Yukimura, requesting agenda time to
receive an update from Dr Karl Kim, University of
Hawaii at Manoa, Department of Urban and
Regional Planning on the Important Agricultural
Lands Kauai pilot study clone for the State Land
Use Commission.
[Received for the record.]
Council Meeting Agenda 7 September 10 2008
CR-PL 2008-7 on PL 2008-4 Communication (8/22/2008) from Committee Chair
JoAnn A. Yukimura, requesting that the Planning
Director be present to provide an update on the
Kauai Important Agricultural Lands Study
[Received for the record.]
COMMITTEE OF THE WHOLE COMMITTEE REPORT:
CR-W 2008-22: on W2008-7 Communication (8/21/08) from Gary K. Heu,
Administrative Assistant, requesting discussion
on potential funding opportunities for local
water resource projects available under the
federal Water Resources Development Act
(WRDA)
[Referred to full Council.]
RESOLUTIONS
Resolution No 2008-42 RESOLUTION SUPPORTING THE RECOVERY OF
THE HAWAII STATE MAMMAL, THE CRITICALLY ENDANGERED ENDEMIC
HAWAIIAN MONK SEAL (Deferred 0812712008)
BILLS FOR FIRST READING
Proposed Draft Bill No 2282 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 8, KAUAI COUNTY CODE 1987 RELATING TO ZONING
DESIGNATION IN KALAHEO KAUAI (Miriam Gomes Rita, Applicant)
Proposed Draft Bill No 2283 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8 KAUAI COUNTY CODE 1987 AS AMENDED AS IT RELATES TO
TRANSIENT VACATION RENTALS
Proposed Draft Bill No 2284 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8 KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE AS IT RELATES TO TRANSIENT
VACATION RENTALS
Proposed Draft Bill No 2285 - A BILL FOR AN ORDINANCE AUTHORIZING
THE FORMATION OF A COMMUNITY FACILITIES DISTRICT DESIGNATED AS
COUNTY OF KAUAI COMMUNITY FACILITIES DISTRICT NO 2008-1
(KUKUIULA DEVELOPMENT PROJECT) INCLUDING THE TERM AND
BOUNDARIES OF THE DISTRICT THE FACILITIES AND INCIDENTAL
EXPENSES TO BE FUNDED THEREBY AND THE MAXIMUM PRINCIPAL
AMOUNT OF BONDS TO BE ISSUED FOR SUCH FACILITIES AND INCIDENTAL
EXPENSES AUTHORIZING THE LEVY OF A SPECIAL TAX ON PROPERTIES
WITHIN SUCH DISTRICT AND THE RATE AND METHOD OF
APPORTIONMENT FOR THE SPECIAL TAX, AND MAKING x CERTAIN FINDINGS
AND DETERMINATIONS REGARDING x THE DISTRICT AND AUTHORIZING
CERTAIN FURTHER ACTIONS WITH RESPECT THERETO
Council Meeting Agenda 8 September 10 2008
BILLS FOR SECOND READING
Bill No 2275 - AN ORDINANCE AMENDING ORDINANCE NO B-2008-673
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 $1 million from Maluhia Road and
$1 million from Kapaa Baseyard Structural Renovation which totals to $2 million
for Kekaha Landfill Lateral Expansion) (The Public Works Committee
recommended approval of Bill No. 2275 on second and final reading; see
CR-PW 2008-14)
Bill No 2276 - AN ORDINANCE AMENDING ORDINANCE NO B-2008-673
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 GENERAL FUND ($2,906 450 from Project Contingency to
Kekaha Landfill Lateral Expansion) (The Public Works Committee
recommended approval of Bill No. 2276 on second and final reading; see
CR-PW 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.)
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 0812712008)
ES-353 Pursuant to Haw.Rev Stat. §§92-4 and 92-5(a)(4) and (8) and Kauai
County Charter §3 07(E) the purpose of this executive session is to
provide a Council briefing on Gerard R. Bosma, et al. v. James H.
Pflueeer, et al., Civ No 08-1-0052 (Fifth Circuit Court) Ronald and
Gina Calisher v. James H. Pflueeer, et al., Civ No 07-1-0106 (Fifth
Circuit Court) Bruce Fehrine, Individuallv and as Special
Administrator of the Estates of Aurora Fehrine, et al. v. James H.
Pflueeer, et al., Civ No 06-1-0082 (Fifth Circuit Court) and Bette
Midler, et al. v. James H. Pflueeer, et al. Civ No 06-1-0110 (Fifth
Circuit Court) and related matters This 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.
Council Meeting Agenda 9 September 10 2008
ES-354 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) and (8) and Kauai
County Charter §3 07(E) the purpose of this executive session is for
the Council to receive a briefing from the Office of the County Attorney
and consult with legal counsel for the purposes of deliberating
deciding and authorizing a proposed settlement regarding the claim of
GEICO as subrogee of Laureen & George Pia 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
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.
APROPOSAL TOEST_ABLISH_9 COD711,ffWITFF>ACILITIE.S DISTRICT IN ATTKUIL'LA, K4UA7,
PURSUANT TO CHAPTER 26, IiALAI COUNTY" CODE 1987, AND TO AUTHORIZE THE
FUNDING OF CERTAIN SPECIAL IMPROVEMENTS AND 'INCIDENTAL EXPENSES
RELATINGTO THE PROPOSED DISTRICT, THE LEVY OF A SPECIAL TAX WITHIN THE
PROPOSED DISTRICT, AND THE ISSUANCE OF BONDS FOR THE PROPOSED DISTRICT
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 mayi 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