HomeMy WebLinkAbout11-06-2008 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
THURSDAY, NOVEMBER 6, 2008
9:00 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
Historic County Building
4,396 Rice Street, Room 201
Lihu e, Iiaua i, Hawai i
MEETING CALLED TO ORDER.
ROLL CALL.
APPROVAL OF AGENDA.
MINUTES of the following meetings of the Council.
Council Meeting of October 8 2008
Public Hearing of October 22 2008 re Bill No 2286 Bill No 2287 Bill
No 2288 and Bill No 2289
COMMUNICATIONS.
C 2008-311 Communication (10/07/2008) from D (a Jackson, Malama Pono
requesting agenda time for three (3) Kauai community service
agencies (YWCA of Kauai, Kauai Hospice and Malama Pono) to
present an update on the status of their organizations
C 2008-312 Communication (10/09/2008) from the Chief, Building Division,
Department of Public Works transmitting for Council information, the
Building Permit Information Reports for September 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 2008-313 Communication (10/14/2008) from the Director of Personnel Services
transmitting for Council information, the first quarter report (July-
September 2008) relative to vacancies established positions new
hires reallocations and promotions (Report on file in the County
Clerk's Office.)
Council Meeting Agenda 2 November 6 2008
C 2008-314 Communication (10/17/2008) from Council Chair Jay Furfaro
requesting that the Administration be present to provide an update on
the County s Habitat Conservation Plan which, in part, should address
the steps that need to be taken in dealing with Shearwaters
C 2008-315 Communication (10/24/2008) 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 items
C 2008-309 and ES-362, relating to Cushnie Construction Co v
Department of Finance County of Kaua i, because of his financial
interest in Garden Isle Disposal, Inc. a contractor with the Solid
Waste Division.
C 2008-316 Communication (10/29/2008) from Council Chair Jay Furfaro
transmitting for Council consideration a Resolution urging various
entities to participate in addressing the dangerous conditions at
Queen s Bath and the Path Easement. (See Resolution No. 2008-15)
C 2008-317 Communication (10/29/2008) from Councilmember Shaylene Iseri-
Carvalho transmitting for Council consideration a proposed draft bill
amending Section 8-24.1 Kauai County Code 1987 as amended,
relating to the Comprehensive Zoning Ordinance ((Z()) by increasing
the amount of the fine from $500 to $2 000 for persons convicted of
violating permitting or causing the violation of any of the provisions
contained in the CZO (See Proposed Draft Bill No. 2291)
C 2008-318 Communication (10/30/2008) from Council Jay Furfaro transmitting
for Council consideration a proposed draft bill relating to Article 12
Real Property Tax Appeals which proposes to reduce the grounds of
appeal for an owner to be deemed aggrieved from twenty percent (20%)
to ten percent (10%) of the assessment of market value used by the
Director of Finance as the real property tax base. (See Proposed
Draft Bill No. 2292)
C 2008-319 Communication (10/30/2008) from Council Chair Jay Furfaro
requesting agenda time to discuss the Councils policy and procedure
regarding release of legal opinions
C 2008-320 Communication (10/10/2008) from the County Engineer requesting
Council approval to purchase two (2) trailers in lieu of the three (3)
trailers which were approved in the current fiscal year s budget and
intend to purchase one of the smaller trailers as originally intended,
and use the remaining funds of $60 000 to purchase a smaller low boy
for their tractor truck.
Council Meeting Agenda .3 November 6 2008
C 2008-321 Communication (10/15/2008) from Hawaii State Association of
Counties (HSAC) President Mel Rapozo transmitting for Council
consideration and approval of Ronald Kouchi as his replacement as
Kauai County representative and as HSAC President and Daryl
Kaneshiro to serve as the alternate HSAC representative replacing
Councilmember Shaylene Iseri-Carvalho for the term ending
June.30 2009
C 2008-322 Communication (10/21/2008) from the Prosecuting Attorney
requesting Council approval to apply for receive, and expend $8,230 of
Federal Highway Safety funds from the State of Hawaii Department
of Transportation to be used towards travel and training
C 2008-323 Communication (10/21/2008) from the Chief, Wastewater Management
Division, Public Works Department, requesting Council approval to
replace two (2) wastewater pumps at the Wailua Wastewater
Treatment Plant in the amount of approximately $125 000 which
funds are available in the Wastewater Divisions Leased Equipment
account.
C 2008-324 Communication (10/28/2008) from Deputy Director of Parks &
Recreation, requesting Council approval to purchase a vertical lift for
Kapa a New Park Announcers Booth which will accommodate persons
with disabilities for access to the announcer booth section in the
amount of approximately $15 000 which funds will be used from the
Bond Fund Regional Parks Improvements Kapa a New Park Stadium
Complex.
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 1012212008)
Council Meeting Agenda 4 November 6 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 1012212008)
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 1012212008)
LEGAL DOCUMENT
C 2008-325 Communication (10/24/2008) from the Office of the County Attorney
requesting council approval of an assignment of guest house rights to
unit C" at Kilauea Bay Vistas Condominiums located on Lot 16 of the
Wailapa Subdivision ("Lot 16') Kilauea, Kauai, Hawaii, identified by
Kauai Tax Map Key No (4)-5-1-005016 (CPR No 0003), to unit D of
the Kilauea Bay Vistas Condominiums located on Lot 16 of the
Wailapa Subdivision ("Lot 16') Kilauea, Kauai, Hawaii, identified by
Kauai Tax Map Key No (4)-5-1-005016 (CPR No 0004) which is
owned by the Kaua i Public Land Trust.
CLAIMS
C 2008-326 Communication (10/17/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Conrado M. Francisco for
damages to his vehicle pursuant to Section 28 06 Charter of the
County of Kauai.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORTS:
CR-PW 2008-19: on PW 2008-9 Cammmucation (10/7/2008) from ('onmiittee Chair
Mel Rapozo, requesting that the ('aunty Engineer and
the Chief of Wastewater be present to provide a
briefing on the State Department of Health (DOH)
Operation 3 Maintenance Inspection Report'
regarding the I3hu'e Wastewater Treatment Plant.
[Received for the record.]
Council Meeting Agenda 5 November 6 2008
CR-PW 2008-20: on Bill No 2286 AN ORDINANCE AMENDING ORDINANCE NO 13-
2005-673 AS AMENDED RELATING TO THE
CAPITAL BUDGET OF THE COUNTY OF KAUAI,
STATE OF HAWAI I, FOR THE FISCAL YEAR JULY
1, 2005 THROUGH JUNE 30 2009, BY REVISING
THE SURPLUS AND APPROPRIATIONS
ESTIMATED IN THE GENERAL FUND ($160,000
from Project Contingency to Aliomanu Road Repairs)
[Approved.]
COMMUNITY ASSISTANCE/INTERGOVERNMENTAL RELATIONS
COMMITTEE REPORT:
CR-CA/IGR 2008-20: on CA/IGR 2008-14 Communication (7/23/2008) from Committee
Chair Shaylene Isen-('arvalho, requesting
that the Administration be present to discuss
the County s legislative proposals to be
submitted for the 2009 State Legislative
Session and to provide an update on the
status of bills that passed the Legislature
during the 2008 session.
[Received for the record.]
PARKS & RECREATION COMMITTEE REPORT:
CR-P/REC 2008-7 on Bill No 2287 AN ORDINANCE AMENDING ORDINANCE NO 13-
2008-672 AS AMENDED RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF
IiAITAI, 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)
[Approved.]
COMMITTEE OF THE WHOLE COMMITTEE REPORT:
CR-W 2008-28: on Bill No 2289 AN ORDINANCE AUTHORIZING THE ISSUANCE
OF SPECIAL TAX REVENUE BONDS OF THE
COUNTY OF KATTAI FOR THE PURPOSE OF
FINANCING CERTAIN PUBLIC IMPROVEMENTS
AND INCIDENTAL EXPENSES RELATING TO
THE COUNTY'S COMMUNITY FACILITIES
DISTRICT NO 2008-1 (KUKUIULA
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
[Approved.]
Council Meeting Agenda 6 November 6 2008
RESOLUTIONS
Resolution No 2008-45 - RESOLUTION REQUESTING THAT A
CONCERTED EFFORT BE PURSUED TO ADDRESS THE HAZARDOUS
CONDITIONS AT QUEEN'S BATH AND PATH EASEMENT
BILLS FOR FIRST READING
Proposed Draft Bill No 2291 - A BILL FOR AN ORDINANCE AMENDING
SECTION 8-24.1 KAUA I COUNTY CODE 1987 AS AMENDED RELATING TO
THE COMPREHENSIVE ZONING ORDINANCE
Proposed Draft Bill No 2292 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO
REAL PROPERTY TAX APPEALS
BILLS FOR SECOND READING
Bill No 2286 - 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 ($150 000 from Project Contingency to
Aliomanu Road Repairs) (The Public Works Committee recommended
approval of Bill No. 2286 on second and final reading; see CR-PW 2008-20)
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) (The Parks & Recreation Committee recommended
approval of Bill No. 2287 on second and final reading; see C.R-P/REC. 2008-7)
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 (KUKUIULA 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 (The Committee of the Whole
recommended approval of Bill No. 2289 on second and final reading; see
CR-W 2008-28)
Council Meeting Agenda 7 November 6 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.)
ADJOURNMENT
NOTE SPECIAL ACCOMMODATIONS AND SIGN LANGUAGE
INTERPRETER AND INTERPRETERS FOR NON-ENGLISH
SPEAKING PERSONS ARE AVAILABLE UPON REQUEST FIVE (5)
DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK,
4396 RICE STREET, ROOM 206, LIHU`E, KAUAI.
TELEPHONE NO 241-6371