HomeMy WebLinkAbout09-24-2008 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, SEPTEMBER 24, 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.
Public Hearing of August 13 2008 re. Bill No 2274
Public Hearing of August 27 2008 re. Bill No 2275 and Bill No 2276
Council Meeting of August 27 2008
Public Hearing of September 10 2008 re County of Kauai Community
Facilities District No 2008-1 (Kukui ula Development Project)
COMMUNICATIONS.
C 2008-274 Communication (08/28/2008) from the County Engineer transmitting
for Council consideration, a proposed draft bill relating to the Fiscal
Year 2008-2009 Capital Budget which transfers $150 000 from Project
Contingency to Aliomanu Road repairs for additional temporary repair
cost. (See Proposed Draft Bill No. 2286)
C 2008-275 Communication (09/02/2008) from the Acting Director of Parks &
Recreation, transmitting for Council consideration, a proposed draft
bill relating to the Fiscal Year 2008-2009 Operating Budget which
transfers $115 000 by revising the surplus and appropriations
estimated in the Golf Fund for electricity (See Proposed Draft Bill
No. 2287)
Council Meeting Agenda 2 September 24, 2008
C 2008-276 Communication (undated, received on 09/02/2008) 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.
• Water Department, Position No 2429 (Redescription review of
Present Class of Automotive Mechanic II)
C 2008-277 Conununication (undated, received on 09/05/2008) 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.
• Parks & Recreation Department, Position No 900 (Present
Class of Sprinkler System Repair Worker BC-6 to Irrigation
and Sprinkler System Fitter BC-5
• Parks & Recreation Department, Position No 1828 (Present
Class of Groundskeeper BC-2 to Golf Course Groundskeeper
BC-3
• Council, Position No E-74 (Present Class of Program Support
Technician to Election Clerk II)
C 2008-278 Communication (09/03/2008) from the Director of Finance
transmitting for Council information, the Statement of Condition of
the County Treasury as of July 21 2008
C 2008-279 Communication (09/11/2008) from Councilmember Ronald Kouchi,
transmitting for Council information, his written disclosure of a
possible conflict of interest on communication C 2008-256 relating to
Solid Waste Division reclassification, because of his financial interest
in Garden Island Disposal, Inc. and his recusal from any discussion or
deliberation on this communication.
C 2008-280 Conununication (09/12/2008) from Council Chair Jay Furfaro
requesting that the Administration be present to provide an update on
the Department of Personnel Services policies on recruitment, hiring
and retention plan.
C 2008-281 Conununication (09/16/2008) from Councilmember Tim Bynum and
Councilmember JOAinl A. Yukimura, transmitting for Council
consideration a proposed draft bill relating to rendering of legal
opinions by the County Attorney (See Proposed Draft Bill
No. 2288)
Council Meeting Agenda .3 September 24, 2008
C 2008-282 Request (09/12/2008) from the Office of the County Attorney for
authorization to expend up to $100 000 for special counsel to represent
County defendants in Ervin Ferguson III, et al. v. Mike Contrades,
et al., Civ No 07-1-00.36 (Fifth Circuit Court) and related matters
COMMITTEE REPORTS
FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORT
CR-F/ED 2008-19: on F/ED 2008-9 Communication (7/31/2008) from Committee
Chair Daryl Kaneshiro requesting agenda
time for an update on the progress of the
Administration s corrective actions and
projected completion dates on the following
Findings and Questioned Costs reflected in
the Single Audit Reports for FY2006-2007
• Finding 06-06 HUD Income Targeting
(Housing)
• Finding 06-07 Housing Assistance
Eligibility (Housing)
• Finding 07-11 HUD Income Targeting
(Housing)
• Finding 07-13 Eligibility (Housing)
[Received for the record.]
COMMUNITY ASSISTANCE/INTERGOVERNMENTAL RELATIONS
COMMITTEE REPORT:
CR-CA/IGR 2008-16: on C 2008-203 Communication (7/18/2008) from
Councilmember Shaylene Iseri-Carvalho
requesting agenda time to provide a
report on the recent National Association
of Counties (NACo) 2008 Annual
Conference
[Received for the record.]
COMMITTEE OF THE WHOLE COMMITTEE REPORTS:
CR-W 2008-23: on Bill 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 (KUKUI ULA
DEVELOPMENT PROJECT) INCLUDING x 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
Council Meeting Agenda 4 September 24, 2008
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 CERTAIN FINDINGS AND
DETERMINATIONS REGARDING THE
DISTRICT AND AUTHORIZING CERTAIN
FURTHER ACTIONS WITH RESPECT THERETO
[Approved.]
CR-W 2008-24: on W2008-8 Communication (9/11/2008) from Councilmember
Shaylene Iseri-Carvalho requesting that the
Administrative Assistant be present to provide an
update on the hiring of the federal lobbyist
position.
[Received for the record.]
CR-W 2008-25: on W2008-6 Communication (8/28/2008) from Councilmember
Shaylene Iseri-Carvalho requesting that the
Director of Personnel Services provide an update on
the hiring of the new positions established in the
FY 2008-2009 Operating Budget.
[Received for the record.]
CR-W 2008-26: on C 2008-263 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)
[Approved.]
BILLS FOR FIRST READING
Proposed Draft Bill No 2286 - 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 ($150 000 from
Project Contingency to Aliomanu Road Repairs)
Council Meeting Agenda 5 September 24, 2008
Proposed Draft Bill No 2287 - 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 ESTIMATED
IN THE GOLF FUND (Revising the surplus and appropriations estimated in the
Golf Fund to Electricity of $115 000)
Proposed Draft Bill No 2288 - A BILL FOR AN ORDINANCE AMENDING
SECTION 2-1 1 OF THE KAUAI COUNTY CODE RELATING TO THE DUTIES
OF THE OFFICE OF THE COUNTY ATTORNEY
BILLS FOR SECOND READING
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 THE DISTRICT AND AUTHORIZING
CERTAIN FURTHER ACTIONS WITH RESPECT THERETO (The Committee of
the Whole recommended approval of Bill No. 2285 on second and final
reading; see CR-W 2008-23)
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
H.R.S §92-5(a) and Kauai County Charter §3 07E. (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-355 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 Council a legal briefing on a complaint filed against County of
Kauai employees Kauai Police Department, and County of Kauai
entitled, Ervin Fereuson III, et al. v. Mike Contrades, et al., Civ No
07-1-0036 (Fifth Circuit Court) and related matters This legal
consultation on the above-entitled lawsuit against the County its
department and employees 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 6 September 24, 2008
ES-356 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
consult with the Councils legal counsel to receive legal updates
overviews and recommendations for purposes of obtaining Council
approval of proposed settlement of a workers compensation claim, and
evaluate employees ability to return to work. This deliberation and/or
decision making involves matters that require the consideration of
information that must be kept confidential as inter alia, it concerns
significant privacy interests The significant privacy interests relate to
a medical history diagnosis condition, treatment, or evaluation and
which, pursuant to state or federal law including Health Insurance
Portability and Accountability Act, are protected from disclosure.
ES-357 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
consult with the Council s legal counsel to receive legal updates
overviews and recommendations for purposes of obtaining Council
approval of proposed settlement of a workers compensation claim, and
evaluate employees ability to return to work. This deliberation and/or
decision making involves matters that require the consideration of
information that must be kept confidential as inter alia, it concerns
significant privacy interests The significant privacy interests relate to
a medical history diagnosis condition, treatment, or evaluation and
which, pursuant to state or federal law including Health Insurance
Portability and Accountability Act, are protected from disclosure.
ES-358 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
consult with the Councils legal counsel to receive legal updates,
overviews and recommendations for purposes of obtaining Council
approval of proposed settlement of a workers compensation claim, and
evaluate employees ability to return to work. This deliberation and/or
decision making involves matters that require the consideration of
information that must be kept confidential as inter alia, it concerns
significant privacy interests The significant privacy interests relate to
a medical history diagnosis condition, treatment, or evaluation and
which, pursuant to state or federal law including Health Insurance
Portability and Accountability Act, are protected from disclosure.
ES-359 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
consult with the Councils legal counsel to receive legal updates
overviews and recommendations for purposes of obtaining Council
approval of proposed settlement of a workers compensation claim, and
evaluate employees ability to return to work. This deliberation and/or
decision making involves matters that require the consideration of
information that must be kept confidential as inter alia, it concerns
significant privacy interests The significant privacy interests relate to
a medical history diagnosis condition, treatment, or evaluation and
which, pursuant to state or federal law including Health Insurance
Portability and Accountability Act, are protected from disclosure.
Council Meeting Agenda 7 September 24, 2008
NOTE: If the Council is notfinished 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. 2278 AN ORDINANCE At11ENDING ORDINANCE NO B-2008-67Z AS
AMENDED, RELATING TO THE OPERATING BUDGET-OF THE COUNTY=- OFKAUAI, STATE
OF HAWAII, FOR THE FISCAL YEAR JULY 1,2008 THROUGH TUNE 30, 2009, BY REUSING
THE SURPLUS AND APPROPRIATIONS ESTIA14TEDIIIN THE GENERAL FUND (Office of I'
Econaniic Dei,elopnient Grant to the State Department of Agriculture for Pesticide Study &
Lllonitoring irccludiiig odi ferous crnnpoiarcds $50,000)
Bill No. 2279 A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NOB 2008 678,
AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF K4U,47, STATE
OF HAWAII, FOR ITHE FISCAL YEAR JULY 1;4'2008 THROUGH JUNE 30, 2009, BYREuSING I'
THE SURPLUS AND APPROPRIATIONS EST(AIATEDIN THE GENERAL FUND (Transfer
$400,000 from Project Contingency of the General Fund CIP and appropriate fluids to a new item
entitled "Napa Trail'-Planning(Conceptual Design), En u i ron ni ental A, sessm en t, 'and Finale Design")
Bill No. 2280 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 22 OF THE EAUA!I
COUNTY CODE 1987 BY AMENDING SECTION225.4 TO ADD TO THE LIST OF
EXCEPTIONAL TREES (Old Iioloa Town; MI.- 2-9- 004:53)
Bill No. 2281 A BILL FOR AN ORDINANCE ADIENDING CHAPTER 5.4, KAUAI
COUNTY CODE 1,987, AS AMENDED, RELATING TO KL LEAM4 LAND
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 filedin 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
ADJOURNMENT
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