HomeMy WebLinkAbout10-22-2008 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, OCTOBER 22, 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 September 24, 2008 re Bill No 2278 Bill No 2279 Bill
No 2280 and Bill No 2281
Public Hearing of October 8 2008 re Bill No 2282
COMMUNICATIONS.
C 2008-302 Communication (10/01/2008) from the Purchasing & Assistant
Contracts Administrator transmitting for Council information, the
Fiscal Year 08/09 lst (quarter Statement of Equipment Purchases
(Report on. file in. the County Clerk's Office.)
C 2008-303 Communication (10/10/2008) from Council Chair Jay Furfaro
requesting that the County Attorney be present to provide a briefing
on the status of the County of Kauai versus Caris case (Civil
No 05-1-0017) and specifically the County s progress in obtaining a
beach access easement.
C 2008-304 Communication (10/13/2008) 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
communication C 2008-290 item #1 relating to the Public Works
Department, Solid Waste Division, which adds the Hanalei Transfer
Station Electrical Repairs ($30 000) to the fiscal year 2009 Repairs and
Maintenance list of the Building Division budget, because of his
financial interest in Garden Isle Disposal, Inc. a contractor with the
Solid Waste Division.
Council Meeting Agenda 2 October 22, 2008
C 2008-305 Communication (10/13/2008) from Councilmember Tim Bynum,
transmitting for Council consideration, a proposed draft bill pertaining
to the installation and use of Small Wind Energy Conversion Systems
(SWECS) (See Proposed Draft Bill No. 2290)
C 2008-306 Communication (10/01/2008) from Hawaii State Association of
Counties (HSAC) President Mel Rapozo transmitting for Council
approval the following proposals which have been referred by the
individual County Councils as part of the 2009 HSAC Legislative
Package.
1) A BILL FOR AN ACT RELATING TO PRODUCT BRANDING
AND LABELING
2) A BILL FOR AN ACT RELATING TO THE PUBLIC
UTILITIES COMMISSION
3) A BILL FOR AN ACT RELATING TO HOUSING
4) A BILL FOR AN ACT RELATING x TO PROCUREMENT
5) A BILL FOR AN ACT RELATING TO TRAFFIC
INFRACTIONS
6) A CONCURRENT RESOLUTION URGING THE
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
TO ASSIST THE COUNTIES IN NEGOTIATING
AGREEMENTS WITH PEG ACCESS ORGANIZATIONS FOR
A PORTION OF CABLE FRANCHISE FEES
7) A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY
RECORD CHECKS BY COUNTIES
8) A BILL FOR AN ACT RELATING TO TRAFFIC
INFRACTIONS
C 2008-307 Request (10/09/2008) from the Office of the County Attorney for
authorization to expend additional funds up to $55 000 for special
counsel to represent defendant County of Kaua i in Krstafer W.
Pinkerton v. County of Kauai, Kauai Prosecutors Office, et al., Civ
No 08-00222 HG/KSC (U.S District Court, District of Hawaii) and
related matters
C 2008-308 Communication (10/10/2008) from the Housing Director requesting
Council approval to apply for $4.75 million of Neighborhood
Stabilization Program (NSP) funds to receive funds awarded to Kauai
by Hawaii Housing Finance and Development Corporation (HHFDC)
to indemnify HHFDC if required, and to expend NSP funds received
for the following two (2) proposed projects
1) New Construction on Vacant Land. $1362 000 to build
three (3) houses on County owned vacant lots plus
$136,200 for administration, and
2) Purchase Rehabilitate and Sell Foreclosed Real Estate
$2,956182 to purchase, repair if needed, and sell
approximately six (6) dwelling units plus $295 618 for
administration.
Council Meeting Agenda .3 October 22, 2008
C 2008-309 Request (10/15/2008) from the Office of the County Attorney for
authorization to expend funds up to $25 000 for special counsel to
represent Respondent Department of Finance, County of Kaua i in
CUSHNIE CONSTRUCTION CO., INC. V. DEPARTMENT OF
FINANCE, COUNTY OF KAUAI, PCH-2008-18 Office of
Administrative Hearings Department of Commerce and Consumer
Affairs State of Hawai i and related matters
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 1010812008)
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 1010812008)
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 1010812008)
LEGAL DOCUMENT
C 2008-310 Communication (10/16/2008) from the County Engineer transmitting
for Council approval.
• Kukui ula Right-of-Entry Agreement by and between Kukui ula
Development Company Inc. Kukui ula Development Company
(Hawaii) LLC McBryde Sugar Company Limited, and the
County of Kauai.
Council Meeting Agenda 4 October 22, 2008
COMMITTEE REPORTS
FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORT
CR-F/ED 2008-24: on PED 2008-10 ('ommunication (9/5/2008) from Councilmember
Shaylene Iseri-Carvalho, requesting that the Finance
Director be present to provide a briefing on how the
County is complying (inclusive of implementation
measures) with the new accounting standards
required by GASH 45 in recognizing and displaying
post employment benefits, other than pensions, in
their annual audited financial statements.
[Received for the record.]
PUBLIC WORKS COMMITTEE REPORTS:
CR-PW 2008-17 on PW 2008-2 ('ommunication (4/7/2008) from ('ommittee Chair
Rapozo, requesting that the County Engineer provide
for discussion purposes an action plan, timeline, and
cost proposal for the repair removal, and/or
maintenance of the seawall fronting the Pono Kai
Resort in Kapa'a.
[Received for the record.]
CR-PW 2008-18: on PW 2008-7 Communication (9/25/2008) from Councilmember
Shaylene Isere-Carvalho, requesting that the County
Engineer and the Environmental Services
Management Engineer be present to provide an
update on the safety policies and procedures for Solid
Waste Collections, including the use of alternative
equipment when the regular equipment is not
available, and other issues relating to the Solid Waste
collection process.
[Received for the record.]
COMMUNITY ASSISTANCE/INTERGOVERNMENTAL RELATIONS
COMMITTEE REPORTS:
CR-CA/IGR 2008-17 on Resolution No 2008-43
RESOLITTION TO ENCOURAGE THE STATE OF HAWAII
DEPARTMENT OF AGRICULTURE TO PROTECT KAUAI
FROM ANY POTENTIAL INFESTATION OF THE VARROA
MITE
[Approved as amended.]
CR-CA/IGR 2008-18: on CA/IGR 2008-16 Communication (9/25/2008) from Committee
Chair Shaylene Isere-('arvalho, requesting
that the Director of Housing be present to
provide an updated status report on the
affordable housing prgjects that are currently
monitored and tracked by the Housing
Agency s Affordable Housing Task Force
[Received for the record.]
Council Meeting Agenda 5 October 22, 2008
CR-CA/IGR 2008-19' on CA/IGR 2008-15 ('ommunication (9/22/2008) from ('ommittee
Chair Shaylene Iseri-Carvalho, requesting
approval of the two (2) proposed projects by
the Administration for the 2009 Kaua'i
County Legislative Package
(1) Wailua Emergency Bypass Road Repairs
and Resurfacing $950000
(2) Waimea Wastewater Treatment Plant
Upgrades $6,000 000
[Approved.]
PLANNING COMMITTEE REPORTS:
CR-PL 2008-9: on PL 2008-5 Communication (8/26/2008) from Committee Chair JoAnn A.
Yukimura, requesting agenda time to receive a briefing from
the Planning Director on the Burmeister Enforcement and
Settlement Agreement.
[Received for the record.]
CR-PL 2008-10: on Bill No 2282 A BILL FOR AN ORDINANCE AMENDING
CHAPTER 8, KAUAI COUNTY ('ODE 1987
RELATING TO ZONING DESIGNATION IN
K-A A E0 KATTAI (Miriam (1omes Rita, Applicant)
[Approved.]
RESOLUTIONS
Resolution No 2008-4.3, Draft 1, RESOLUTION TO ENCOURAGE THE
STATE OF HAWAII DEPARTMENT OF AGRICULTURE TO PROTECT KAUAI
FROM ANY POTENTIAL INFESTATION OF THE VARROA MITE (The
Community Assistance/Intergovernmental Relations Committee recommended
that Resolution No. 2008-13 be approved as amended; see CR-CAJGR 2008-17)
BILLS FOR FIRST READING
Proposed Draft Bill No 2290 - A BILL FOR AN ORDINANCE TO
)
ESTABLISH A NEW ARTICLE 28 CHAPTER 8 KAUAI COUNTY CODE 1987
RELATING TO SMALL WIND ENERGY CONVERSION SYSTEMS
BILLS FOR SECOND READING
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) (The Planning Committee
recommended approval of Bill No. 2282 on second and final reading; see
CR-PL 2008-10)
Council Meeting Agenda 6 October 22, 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
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-360 Pursuant to Haw.Rev Stat. §§92-4 and 92-5(a)(4) and (8) and Kauai
County Charter section 3 07(E) the purpose of this executive session is
to provide the Council a briefing on Krstafer W. Pinkerton v. County of
Kauai, Kauai Prosecutors Office, et al. Civ No 08-00222 H(x/KSC
(US 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-361 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 the Council a legal briefing for the case of County of Kauai vs.
Norman Caris, Civ No 06-1-0017 (Fifth Circuit Court) This legal
consultation on the above-entitled lawsuit 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-362 Pursuant to Haw.Rev Stat. §§92-4 and 92-5(a)(4) and (8) and Kauai
County Charter §3 07(E) the Office of the County Attorney requests
an executive session with the Council to provide the Council a briefing
on the petition for administrative review claim filed against the
Department of Finance County of Kauai and County of Kauai
entitled CUSHNIE CONSTRUCTION CO., INC. V. DEPARTMENT
OF FINANCE, COUNTY OF KAUAI, PCH-2008-18 Office of
Administrative Hearings Department of Commerce and Consumer
Affairs State 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.
ADJOURNMENT
Council Meeting Agenda 7 October 22, 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. 2286 AN ORDINANCE AIIIENDING ORDINANCE NO. B-2008-6-101' AS
Az1IENDED, RELATING TO THE CAPITAL BUDGET OF THE COt'NTY OF KAI'A7, STATE OF
HAWAII, FOR THE FISCAL 1 EAR JULY1, 2008 THROUGH JUNE 101 2009; BYRE[ ISING THE
SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($150,000 fro in
Project (_antingeneyto Alirnnanu Road Repairs)
Bill No. 228 AN ORDINANCE AMENDING ORDINANCE NO. B-2008-672 AS
AMENDED, RELATING TO THE OPERATING B U'DGET OF THE C'OUNTT OF ILA UA7, STATE
OF HAWAII, FOR THE FISCAL YEAR JULY" 1; 2008 THROUGH JUNE 80, 2009, BY"RE1ISING
THE SURPLUS ESTIMATED IN THE GOLF FUND (Revising the surplus' and appropriations
estimated'in the Golf Fund to Electricity of $115,000)
Bill No. 2288 A B I L L FO R'AN ORDINANCE AMENDING SECTION 2-1.1 OF THE
KAUAI COUNTY CODE RELATING TO THEf`DUTIES OF THE OFFICE' OF THE COUNTY
ATTORNEY
Bill No. 2289 AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL TAX
REVENUE BONDS OF THE COUNTY OF RAU'A7 FOR THE PURPOSE OF FINANCING
CERTAIN PUBLIC IMPROVEMENTS AND INCIDENTAL EXPENSES RELATING TO THE
COU'NTYS C0DIA1L7NITY FACILITIES DISTRICT NO. 2008-1 (hZ7iZ7`L'LA DEVELOPMENT
PROJECT); FIXING OR AUTHORIZING THE FIXING OF THE FORAM, DENOMINATIONS, AND
CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THE SALE OF SUCH
BONDS TO THE PUBLIC
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, pasted
on the bulletin board, and filed in the County Clerk's Office as required 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