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Home My WebLink About11-19-2008 COUNCIL AGENDA COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, NOVEMBER 19, 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 October 22 2008 COMMUNICATIONS. C 2008-327 Communication (10/30/2008) from the Deputy Director of Parks & Recreation, requesting agenda time to provide a quarterly status report for July August, and September 2008 on the County s Bicycle and Pedestrian Pathway Project. C 2008-328 Communication (11/08/2008) from the Planning Director informing the Council that the Planning Commission voted unanimously to deny Proposed Draft Bill No 2288 at its meeting held on October 28 2008 and recommended to approve Proposed Draft Bill No 2284 as amended in their staff report, relating to Transient Vacation Rentals (Draft ordinance, staff report, and transcripts on, file in, the County Clerk's Office.) ('2008-329 Communication (11/10/2008) from Councilmember JoAnn A. Yukimura, transmitting for Council consideration two (2) modifications to Bill No 2274, Draft 1 relating to real property taxation. Council Meeting Agenda 2 November 19 2008 C 2008-330 Communication (11/13/2008) from Councilmember Ronald Kouchi, transmitting for Council information, a written follow-up regarding his oral disclosure of a possible conflict of interest and recusal at the November 1.3 2008 Public Works Committee Meeting on item PW 2008-10 relating to the Host Community Benefits package and program for Kekaha, and the upcoming Iiekaha Landfill citizens advisory committee election, because of his financial interest in Garden Isle Disposal, Inc. a contractor with the Solid Waste Division. C 2008-331 Communication (11/13/2008) from Councilmember JoAnn A. Yukimura, transmitting for Council information, a written follow-up regarding her oral disclosure at the November 6 2008 Council Meeting of a possible conflict of interest and recusal regarding Legal Document C 2008-325 relating to the assignment of guest house rights at Kilauea Bay Vistas Condominiums at Wailapa Subdivision, because she is a member of the Board of Directors of Kauai Public Land Trust (KPLT) and that the assignment of guest house rights could involve a benefit to KPLT C 2008-332 Communication (11/13/2008) from Councilmember JoAnn A. Yukimura and Council Chair Jay Furfaro transmitting for Council consideration a proposed draft bill amending the Comprehensive Zoning Ordinance (CZ(_)) to allow farm worker housing through a use permit process (See Proposed Draft Bill No. 2293) C 2008-333 Communication (11/13/2008) from Council Chair Jay Furfaro requesting that the Personnel Director be present or have appropriate personnel available to fully discuss the contents of the lst (quarter Report (dated 10/14/2008) relating to vacancies established positions new hires reallocations and promotions as well as the following positions 1) Secretary (Police Department - Position #845) 2) Police Community Relations Assistant (Position #844) 3) Risk Management Officer (Finance - Position #289) 4) (New) Legal Analyst (Police - EM5 Exempt) 5) Domestic Violence Coordinator (Police - Position #474) C 2008-334 Communication (10/16/2008) from the County Engineer requesting Council approval to purchase 4,500 refuse carts for the Countys automated refuse collection operation in the amount of approximately $450 000 which funds will come from the Solid Waste Divisions current operating budget. Council Meeting Agenda .3 November 19 2008 C 2008-335 Communication (10/28/2008) from the Housing Director requesting Council approval to decline repurchase of Unit No 3 Villas at Puali, located at 1919 Haleukana Street, Lihu e, Kauai, Hawaii 96766 and provide the owner with a one-year waiver of the resale restriction. C 2008-336 Request (11/07/2008) from the Office of the County Attorney for authorization to expend up to $150 000 from the special counsel account for continued representation by retained special counsel representing the County in Gerard R. Bosma et al. v. James H. Pflueeer, et al., Civ 08 10052 (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 2008-276 Conum mication (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 1110612008) 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 1110612008) 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 1110612008) Council Meeting Agenda 4 November 19 2008 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 (Deferred 1110612008) EPS 2008-1 Communication (8/28/2008) from Councilmember Shaylene Iseri- Carvalho requesting that the County Engineer provide an update on the condition of and the status of the repair and maintenance of the Ka Hale Maka i O Kaua i complex. (Referred from. the November 13, 2008 Energy/Public Safety Committee Meeting) EPS 2008-2 Communication (10/31/2008) from Councilmember Shaylene Iseri- Carvalho requesting that the Deputy County Engineer be present to provide a briefing on the expenditures to date and the emergency procurement scope of work for the repair and maintenance of the Ka Hale Maka i O Kaua i complex. (Referred from. the November 13, 2008 Energy/Public Safety Committee Meeting) CLAIMS C 2008-337 Communication (10/27/2008) from the County Clerk, transmitting a claim filed against the County of Kaua i by Julie T Hodges for damages to her vehicle pursuant to Section 23 06 Charter of the County of Kauai. C 2008-338 Communication (10/31/2008) from the County Clerk, transmitting a claim filed against the County of Kauai by Michael A. Otero for damages to his vehicle pursuant to Section 23 06 Charter of the County of Kauai. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT: CR-PW 2008-21: on PW 2008-10 Commmucation (11/07/2008) from Councilmember Shaylene Iseri-Caivalho requesting that the Admirdstration be present to provide an update on the Countys Kekaha Host Community Benefits package and program and the upcoming Kekaha Landfill citizens advisory committee election related to this program. [Received for the record.] Council Meeting Agenda 5 November 19 2008 ENERGY/PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2008-4: on EPS 2008-1 ('ommmucation (8/28/2008) from Councilmember Shaylene Isen-('axvalho, requesting that the County Engineer provide an update on the condition of and the status of the repair and maintenance of the Ka Hale Maka'i U Kaua'i complex. and EPS 2008-2 Commmucation (10/31/2008) from Councilmember Shaylene Iseri-(_'axvalho requesting that the Deputy County Engineer be present to provide a briefing on the expenditures to date and the emergency procurement scope of work for the repair and maintenance of the Ida Hale Maka'i O Kaua'i complex. [Referred to the full Council.] BILLS FOR FIRST READING 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 (The Planning Commission denied 1012812008) 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 (Planning Commission recommended amending this Bill, 1012812008, see Proposed Draft Bill No. 2294) Proposed Draft Bill No 2294 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8 KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Transient Vacation Rentals) (Planning Commission recommendation 1012812008) Proposed Draft Bill No 2293 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8 KAUAI COUNTY CODE 1987 RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Farm Worker Housing) 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.) Council Meeting Agenda 6 November 19 2008 ES 363 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 Snecial 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. 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