HomeMy WebLinkAbout10-08-2008 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, OCTOBER 8, 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 September 10 2008
Special Council Meeting of September 16 2008 re Bill No 2274 Draft 1
Council Meeting of September 24 2008
COMMUNICATIONS.
C 2008-283 Communication (09/10/2008) from the Chief, Building Division,
Department of Public Works transmitting for Council information, the
Building Permit Information Reports for August 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 2008-284 Communication (09/22/2008) from Council Vice Chair Mel Rapozo
transmitting for Council consideration, a Resolution to encourage the
State of Hawaii, Department of Agriculture to protect Kauai from
potential infestation of the varroa mite. (See Resolution.
No. 2008-43)
C 2008-285 Communication (09/23/2008) from Mayor Bill Kaipo Asing
transmitting for Council information, a copy of the Kaua i Humane
Society s Fourth (quarter Report for Fiscal Year 2008 which includes
the Cash Flow Analysis Field Services Statistics and a report
reflecting a percentage of change for animal services provided from
July 2007 to June 2008
Council Meeting Agenda 2 October 8 2008
C 2008-286 Communication (09/26/2008) from Councilmember Ronald Kouchi,
transmitting for Council information, a written follow-up regarding his
oral disclosure of a possible conflict of interest and recusal on ES-359
relating to matters related to the Public Works Department, Solid
Waste Division, because of his financial interest in Garden Isle
Disposal, Inc. a contractor with the Solid Waste Division.
C 2008-287 Communication (09/26/2008) from the Director of Finance
transmitting for Council consideration, a proposed draft bill
authorizing the issuance and sale of special tax revenue bonds to
finance various public improvements for Community Facilities District
No 2008-1 (Kukuiula Development Project) being formed by the
County pursuant to ()rdinance No 872. (See Proposed Draft Bill
No. 2289)
C 2008-288 Communication (10/01/2008) from Councilmember Shaylene Iseri-
Carvalho requesting agenda time for a briefing and overview from Jim
OConnell, University of Hawaii Sea Grant College Program Coastal
Processes and Hazards Specialist, regarding his scope of work for the
County of Kauai.
C 2008-289 Conununication (10/02/2008) from Councilmember Tim Bynum and
Councilmember Ronald Kouchi, transmitting for Council consideration,
a Resolution to support efforts by the State of Hawaii, County of
Kauai, and other stakeholders to improve bicycle safety in the County
of Kauai. (See Resolution No. 2008-44)
C 2008-290 Communication (08/11/2008) from the Chief, Building Division,
requesting Council approval to add the following projects to the Fiscal
Year 2009 Repairs and Maintenance Building Budget which funds
were budgeted in the Fiscal Year 2008 but were not completed due to
funding constraints (Account number 001-2022-60143-01)
1) Hanalei Transfer Station Electrical Repairs ($30 000)
2) Wailua Houselots Park Pavilion Roof Repairs ($100 000)
3) Hanapepe Fire Station Repairs and Painting ($150 000)
4) Lihu e Civic Center Fence Repairs ($50 000)
C 2008-291 Conununication (09/08/2008) from the Chief of Police, requesting
Council approval to apply for receive and expend $16,270 from the
asset forfeiture fund to purchase Map Scenes Pro 2008 upgrade and
Capture 3D software and related training which also includes 24-hour
support services and on-site introduction and training of Traffic Safety
Unit Officers
Council Meeting Agenda .3 October 8 2008
C 2008-292 Communication (09/15/2008) from the Kauai War Memorial
Convention Hall Manager requesting Council approval to purchase
three (3) solar photovoltaic lighting systems with direct burial poles
(estimated cost is $12 000 including freight) to be installed at the
Kauai War Memorial Convention Halls parking lot for safety and
security illumination purposes which the Office of Economic
Development, Energy Extension Service will cover the cost of one (1)
PV lighting system with State Department of Business Economic
Development and Tourism grant funds and the Parks & Recreation
Department will cover the other two (2) systems with Kauai War
Memorial Convention Hall CIP account.
C 2008-293 Conununication (09/19/2008) from the Chief of Wastewater
Department of Public Works requesting Council approval to replace
one (1) Refrigerated Composite Sampler which is currently inoperable
for the Wailua Wastewater Treatment Plant and is imperative that the
equipment be replaced to be in compliance with Department of Health
and EPA requirements for treated effluent monitoring Approximate
cost of $8 000 is available in the Wastewater Divisions Repairs and
Maintenance Equipment Account.
C 2008-294 Conununication (09/23/2008) from the Housing Director requesting
Council approval to decline repurchase of Unit No 13 Villas at Puali,
located at 1936 Hokunui Place Lihu e Kauai, Hawaii 96766 and
provide the owner with a one-year waiver of the resale restriction.
C 2008-295 Conununication (09/23/2008) from the Housing Director requesting
Council approval to decline repurchase of Unit No 608 Hookena at
Puhi, located at 2080 Manawalea Street, Lihu e, Kauai, Hawaii
96766 and provide the owner a one-year waiver of the buyback to
allow a market sale by the owner
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)
(Deferred 0912412008)
Council Meeting Agenda 4 October 8 2008
C 2008-277 Communication (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)
(Deferred 0912412008)
C 2008-280 Communication (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.
(Deferred 0912412008)
LEGAL DOCUMENT
C 2008-296 Communication (09/26/2008) from the County Engineer transmitting
for Council approval his reconunendations to indemnify landowners for
the construction and installation of a rip-rap slope protection device at
Kilauea as follows
1) Right-of-Entry Agreement by and between Michael M. Dyer Trust
(landowners) and the County of Kauai to construct and install a
rip-rap slope protection device located on TMK. 5-2-009014.
2) Right-of-Entry Agreement by and between Michael M. Dyer Trust
(landowners) and the County of Kauai to construct and install a
rip-rap slope protection device located on TMK. 5-2-009008
3) Right-of-Entry Agreement by and between Gerard Johnson and
Barbara Z Johnson (landowners) and the County of Kauai to
construct and install a rip-rap slope protection device located on
TMK. 5-2-011.010
4) Right-of-Entry Agreement by and between Nicki Lorayn Pignoli
(landowner) and the County of Kaua i to construct and install a rip-
rap slope protection device located on TMK. 5-2-011.038
CLAIMS
C 2008-297 Communication (09/17/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Ryan Huddy for medical
bills pursuant to Section 23 06 Charter of the County of Kaua i.
C 2008-298 Communication (09/19/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by State Farm Insurance as
subrogee of Ihilani Laureta for damages to her vehicle pursuant to
Section 23 06 Charter of the County of Kaua i.
Council Meeting Agenda 5 October 8 2008
C 2008-299 Communication (09/24/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Afni Insurance Services as
subrogee of Fireman s Fund Insurance Company for damages to a
rental vehicle owned by the Hertz Corporation, pursuant to
Section 23 06 Charter of the County of Kaua i.
C 2008-300 Conununication (09/25/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Kauai Island Utility
Cooperative for damages to an overhead power line pursuant to
Section 23 06 Charter of the County of Kaua i.
C 2008-301 Communication (09/26/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Candace E. Slotchin for
damages to her vehicle pursuant to Section 23 06 Charter of the
County of Kauai.
COMMITTEE REPORTS
FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORTS:
CR-F/ED 2008-20: on F/ED 2008-11 Communication (9/17/2008) from
Councilmember JOAinl Yukimura, requesting
that the Executive Director of the Kaua i
Visitors Bureau be present to provide a
briefing on the state of tourism on Kaua i.
[Received for the record.]
CR-F/ED 2008-21: on 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 and
F/ED 2008-12 Conununication (9/25/2008) from
Councilmember Ronald Kouchi, requesting
that the Director of Finance be present to
discuss the financial fitness/long-term
financing of the County including-
•the status of County Bonds, given recent
events that have occurred within our
nation with the closing or bankruptcy of
long-standing investment banks and
insurance companies and
• the County s plans if any to restructure its
long-term financing because of the
uncertain economic environment.
[Received for the record.]
Council Meeting Agenda 6 October 8 2008
CR-F/ED 2008-22: on Bill No 2279 A BILL FOR AN ORDINANCE TO AMEND
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 (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')
[Approved.]
CR-F/ED 2008-23: on 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)
[Approved.]
PUBLIC WORKS COMMITTEE REPORTS:
CR-PW 2008-15: on PW 2008-6 Communication (9/25/2008) from
Councilmember Shaylene Iseri-Carvalho
requesting that the County Engineer be
present to provide an update on the
restoration of the Kapaia Swinging Bridge
project.
[Received for the record.]
CR-PW 2008-16: on PW 2008-8 Communication (9/25/2008) from
Councilmember Ronald Kouchi, providing
written disclosure on the record of a possible
conflict of interest on Communication PW
2008-7 and will recuse himself from any
discussion and deliberation on that matter
[Received for the record.]
Council Meeting Agenda 7 October 8 2008
PLANNING COMMITTEE REPORT:
CR-PL 2008-8: on 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)
[Approved.]
COMMITTEE OF THE WHOLE COMMITTEE REPORT:
CR-W 2008-27 on Bill No 2281 A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUAI COUNTY CODE
1987 AS AMENDED RELATING TO
KULEANA LAND
[Approved as amended.]
RESOLUTIONS
Resolution No 2008-4.3 RESOLUTION TO ENCOURAGE THE STATE OF
HAWAII DEPARTMENT OF AGRICULTURE TO PROTECT KAUA I FROM ANY
POTENTIAL INFESTATION OF THE VARROA MITE
Resolution No 2008-44 RESOLUTION TO SUPPORT EFFORTS BY THE
STATE OF HAWAII, COUNTY OF KAUA I, AND OTHER STAKEHOLDERS TO
IMPROVE BICYCLE SAFETY IN THE COUNTY OF KAUA I
BILLS FOR FIRST READING
Proposed Draft Bill No 2289 - AN ORDINANCE AUTHORIZING THE
ISSUANCE OF SPECIAL TAX REVENUE BONDS OF THE COUNTY OF KAUAI
FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC IMPROVEMENTS
AND INCIDENTAL EXPENSES RELATING TO THE COUNTY'S COMMUNITY
FACILITIES DISTRICT NO 2008-1 (KUKUI`ULA DEVELOPMENT PROJECT)
FIXING OR AUTHORIZING THE FIXING OF THE FORM, DENOMINATIONS
AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR
THE SALE OF SUCH BONDS TO THE PUBLIC
BILLS FOR SECOND READING
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) (The Finance/Econonfic
Development Committee recommended approval of Bill No. 2278 on. second
and final reading; see CR-F/ED 2008-23)
Council Meeting Agenda 8 October 8 2008
Bill No 2279 - A BILL FOR AN ORDINANCE TO AMEND 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 (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') (The Finance/Ecommnic Development
Committee recommended approval of Bill No. 2279 on second and final
reading; see CR-F/ED 2008-22)
Bill No 2280 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 22
OF THE KAUA I 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)
(The Planning Committee recommended approval of Bill No. 2880 on second
and final reading; see CR-PL 2008-8)
Bill No 2281 Draft 1 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO
KULEANA LAND (The Committee of the Whole recommended approval of
Bill No. 2281 as amended; see CR-W 2008-27)
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.)
ADJOURNMENT
Council Meeting Agenda 9 October 8 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. 2281 .A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI
COUNTY CODE 1987, RELATING TO ZONING DESIGNATION IN Z ALAIIEO, K.41TA I
(Miriam Gonres Rita, Applicant)
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 lacy
Notwithstanding this Council Agenda, the Council may hold apublic 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