HomeMy WebLinkAbout01-17-2008 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
THURSDAY, JANUARY 17, 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.
Mid-Month Meeting of November 20 2007
Regular Meeting of December 11 2007
Special Meeting of December 18 2007
Public Hearing of December 19 2007 re Bill No 2245 and Bill No 2247
COMMUNICATIONS.
C 2008-01 Communication (11/28/2007) from the Planning Director
transmitting the Planning Commissions recommendation to amend
the Kaua i County Code 1987 as amended, regarding a Temporary
Moratorium on Creation of New Agricultural Subdivisions (Public
Heaiirug Minutes of October 9, 2007 orr file irr tke County Clerk's
office) (See Proposed Draft Bill No. 2250)
C 2008-02 Communication (01/09/2008) from Councilmember Ronald Iiouchi,
transmitting for Council action, a bill transferring $500 000 in the
Development Fund from the Project Contingency account to the Ag
Land Study/Mapping account (Planning Department project) (See
Proposed Draft Bill No. 2251)
Council Meeting Agenda 2 January 17 2008
C 2008-03 Communication (11/15/2007) from the Executive on Aging,
requesting Council approval to receive and expend $56,81100 in
additional KUPUNA CARE funds from the State Executive Office
on Aging and indemnify the State of Hawaii. The additional funds
will be used to supplement home delivered meals from January 1
2008 to December .31 2008 (Contract orr file irr the County Clerk's
Office)
C 2008-04 Conununication (12/20/2007) from the Fire Chief, requesting
Council approval to receive and expend $524 793 00 and to receive
and expend an annual recurring amount of $200 065 00 for
lifeguard compensation, fringe benefits and training appropriated
by the State Legislature pursuant to Act 213 Session Laws of
Hawaii 2007 (House Bill No 500 CD1) to fund four (4) Water
Safety officers a tower truck, ATV trailer beach dolly and
personnel gear and equipment for Ha ena State Park (Kee Beach)
C 2008-05 Conununication (12/20/2007) from the Fire Chief, requesting
Council approval to lease property located at 4203 Malama Street,
(approximately 1.5 acres behind the Lihu e Fire Station)
TMK. (4).3-6-.3-09 for approximately $5 000 00 per month, which
will be paid from the property lease account, to securely store and
access the command trailer spare engine hazmat trailer urban
search and rescue trailer four (4) dry storage containers and to
provide parking of personal vehicles for on-duty firefighters
C 2008-06 Communication (11/29/2007) from the Chief of Police requesting
Council approval to accept and expend $26396 00 of a Statewide
Marijuana Eradication Task Force (SMETF) grant through the
State Department of the Attorney General, to combat drug
problems relating to the cultivation and distribution of marijuana,
and to indemnify the State of Hawai i. The County s match will be
$6,599 00 for the project year October 1 2007 through
September 30 2008
C 2008-07 Conununication (12/28/2007) from the Chief of Police requesting
Council approval to expend approximately $14,59171 from the
Kauai Police Departments asset forfeiture account to purchase
new desks tables and chairs for the Hanalei substation.
Council Meeting Agenda .3 January 17 2008
C 2008-08 Communication (08/04/2007) from Jay Furfaro Finance/Economic
Development Committee Chair requesting agenda time for the
Housing Agency to provide an update on corrective actions and
projected completion date on Finding 06-11 HUD (U S Department
of Housing and Urban Development) reporting in the Single Audit
Report for Fiscal Year 2006-2007
• Communication (12/11/2007) from Kenneth N Rainforth,
Executive on Housing, regarding the Single Audit Report,
Finding No 06-11 and informing the Council of actions
initiated relative to monitoring the County s electronic
submissions regarding Housing Assistance Payments (HAP)
and Administrative Fee expenditures
C 2008-09 Communication (11/27/2007) from the Council Vice Chair
requesting that the Director of Finance be present to provide an
update on the County s Risk Management Study
C 2008-10 Request (01/04/2008) from the Office of the County Attorney for
authorization to expend up to $50 000 for special counsel to
represent the County defendants in Kaua i Springs, Inc. v. County
of Kauai, et al., Civ No 07-1-0182 and Kauai Springs. Inc. v.
Planning Commission of the Countv of Kauai, Civ No 07-1-0042
and related matters
C 2008-11 Request (01/04/2008) from the Office of the County Attorney for
authorization to expend up to $50 000 for special counsel to
represent the County defendants in Koloa Creekside Estates, L.P.
v. Countv of Kauai, et al., Civ No 07-1-0191 and associated
matters
C 2008-12 Communication (01/11/2008) from Councilmember Ron Kouchi,
requesting Council approval to retain outside counsel for advice and
guidance on the issue of condemnation with regards to Bills Nos
2177 Draft 1 and 2210 Draft 1 which pertain to the Nuhou Road
alignment, and the apparent positions of the stakeholders involved.
C 2008-13 Communication (12/20/2007) from Councilmember Jay Furfaro
requesting that Bill No 2226 Draft 4 (relating to shoreline setback
and coastal protection) be placed on the January 17 2008 Council
agenda for reconsideration. (See later for Bill No. 2226, Draft 4)
Council Meeting Agenda 4 January 17 2008
LEGAL DOCUMENT
C 2007-43.3 Communication (12/04/2007) from the Chief of Police requesting
Council approval of the following-
Pole Attachment License Agreement between the County of
Kaua i ("Licensee') and Kaua i Island Utility Cooperative and
Hawaiian Telcom, Inc. ("Licensors') granting Licensee
permission and license to install, operate and maintain, on a
temporary basis a motor vehicle speed monitoring data
gathering device on Licensors poles in and around the
County of Kaua i, and to indemnify protect, and hold
harmless Licensors and other users of said poles and their
respective directors officers employees agents and
contractors
Deferred 1211912007)
CLAIM.
W 2008-1 Communication (1/8/2008) from the County Clerk, transmitting a
claim filed against the County of Kaua i by Dr Marv Rohrer for
damages to his personal property pursuant to Section 28 06
Charter of the County of Kauai. (Referred to the full Council by the
Committee of the Whole on 0110912008)
C 2008-14 Conununication (12/26/2007) from the County Clerk, transmitting a
claim filed against the County of Kauai by Eva P Keaweehu for
physical, mental, and emotional injuries pursuant to Section 23 06
Charter of the County of Kaua i.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORTS:
CR-PW 2008-1: on Bill No 2247 A BILL FOR AN ORDINANCE TO AMEND
SECTIONS 21-3.1 AND 219.2(a) OF THE KAUAI
i"OITNTY CODE 1987 RELATING TO
INTEGRATED SOLID WASTE MANAGEMENT
[Approved.]
CR-PW 2008-2 on PW 2007-15 ('ommmucation (10/30/2007) from the Council Chair
requesting the Administration to update the Council
on the status of the former Hanalei and Koloa
Courthouses facilities.
[Received for the record.]
Council Meeting Agenda 5 January 17 2008
COMMUNITY ASSISTANCE/IGR COMMITTEE REPORT
CR-CA/IGR 2008-1: on CA/IGR 2007-8 Commmucation (9/18/2007) from Sharlene
Iseri-Carvalho, Community
Assistance/Intergovernmental Relations
Committee Chair requesting that the
Administration be present to give a complete
status report and overview of the Villas at
Puali housing project in Puhi (see also
Ordinance No. PM-2005-372)
[Received for the record.]
ENERGY/PUBLIC SAFETY COMMITTEE REPORT
CR-EPS 2008-1: on Bill No 2245 AN ORDINANCE AMENDING ORDINANCE NO 13-
2007-858 AS AMENDED RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF
KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2007 THROUGH JUNE 30, 2008, BY
REVISING THE SURPLUS AND APPROPRIATIONS
ESTIMATED IN THE GENERAL FUND ($66,185
Fire Equipment Mobile fire trainer)
[Approved.]
COMMITTEE OF THE WHOLE REPORT
CR-W 2008-1: on W 2008-1 ('ommunication (1/3/2008) from the County '1erk,
transmitting a claim filed against the County of Kaua'i by Dr
Marv Rohrer for damages to his personal property pursuant
to Section 23.06, Charter of the County of Kaua'i.
[Referred to full Council.]
RESOLUTIONS
Resolution No 2007-103 RESOLUTION CONFIRMING MAYORAL
RE-APPOINTMENT TO THE CIVIL SERVICE COMMISSION (Ann L. Sokei,
First Term) (Deferred 1211912007)
Resolution No 2007-107 RESOLUTION CONFIRMING MAYORAL
RE-APPOINTMENT TO THE COST CONTROL COMMISSION (Randy Finlay
Second Term) (Deferred 1211912007)
Resolution No 2007-114 RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE POLICE COMMISSION (Leonard Rapozo Jr First
Term) (Deferred 1211912007)
Council Meeting Agenda 6 January 17 2008
BILL FOR FIRST READING
Proposed Draft Bill No 2250 - A BILL FOR AN ORDINANCE TO ADD A
NEW ARTICLE TO CHAPTER 9 KAUAI COUNTY CODE 1987 AS AMENDED
ENTITLED TEMPORARY MORATORIUM ON CREATION OF NEW
AGRICULTURAL SUBDIVISIONS
Proposed Draft Bill No 2251 - AN ORDINANCE AMENDING ORDINANCE
NO B-2007-657 AS AMENDED RELATING TO THE CAPITAL BUDGET OF THE
COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1 2007 THROUGH JUNE 30 2008 BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE DEVELOPMENT FUND ($500 000 Ag
Land Study/Mapping)
BILLS FOR SECOND READING
Bill No 2204, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8 OF THE KAUAI COUNTY CODE 1987 AS AMENDED RELATING
TO THE COMPREHENSIVE ZONING ORDINANCE (Transient Vacation Rental
and Bed and Breakfast operations) (Deferred 1211912007)
Bill No 2177 Draft 1 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 8 KAUAI COUNTY CODE 1987 RELATING TO ZONING
DESIGNATION IN LTHU E, KAUAI (Grove Farm Properties Inc. Applicant)
(Deferred 1211912007)
Bill No 2210 Draft 1 - A BILL FOR AN ORDINANCE AMENDING
ZONING CONDITIONS IN ORDINANCE NO PM-2002-362, RELATING TO
Z(_)NING DESIGNATI(_)N IN LTHU E, liAUA I (Kauai County Council, Applicant)
(Deferred 1211912007)
Bill No 2247 - A BILL FOR AN ORDINANCE TO AMEND SECTIONS 21-
31 AND 21-9.2(a) OF THE KAUAI COUNTY CODE 1987 RELATING TO
)
INTEGRATED SOLID WASTE MANAGEMENT (Tire Public Works Committee
recommended approual on 0110912008)
Council Meeting Agenda 7 January 17 2008
Bill No 2245 - AN ORDINANCE AMENDING ORDINANCE NO B-2007-656
AS AMENDED RELATING TO THE OPERATING BUDGET OF THE COUNTY
OF KAUA I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1 2007
THROUGH JUNE .30 2008 BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($66185 Fire
Equipment - Mobile fire trainer) (The Energy/Public Safety Committee
recommended approval orr 0110912008)
Bill No 2226 Draft 4 - A BILL FOR AN ORDINANCE ESTABLISHING A
NEW ARTICLE 27 CHAPTER 8 KAUAI COUNTY CODE 1987 RELATING TO
SHORELINE SETBACK AND COASTAL PROTECTION (Approved on second and
final reading on 1211912007 bill for reconsideration)
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.)
ES-307 Pursuant to Haw Rev Stat. §§92-4, 92-5(a)(2) and 92-5(a)(4) the
purpose of this executive session is to consult with the Councils legal
counsel on legal questions and issues pertaining to the Councils
powers duties privileges immunities and liabilities regarding a
complaint filed with the Hawaii State Judiciary - Office of
Disciplinary Counsel against a Councilmember and relating to
proceedings before the County Council. (Deferred 12/19/2007)
ES-295 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purpose of
this executive session is to consult with the Councils legal counsel on
legal questions and issues pertaining to the Councils powers
du6ties privileges immunities and liabilities regarding Bill No
2204 relating to Single Family Transient Vacation Rentals and Bed
and Breakfast Operations (Deferred 12/19/2007)
ES-317 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purpose of
this executive session is to consult with the Council s legal counsel on
questions and issues pertaining to the Council s powers duties
privileges immunities and liabilities regarding the release of legal
opinions and Executive Session Minutes as it relates to Bill No 2204
relating to Single Family Transient Vacation Rentals and Bed and
Breakfast Operations (Deferred 1211912007)
Council Meeting Agenda 8 January 17 2008
ES-318 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purpose of
this executive session is to consult with the Councils legal counsel on
questions and issues pertaining to the Councils powers duties
privileges immunities and liabilities regarding Bill No 2177 Draft 1
relating to zoning designation in Lihu e, Kauai (Grove Farm
Properties Inc. Applicant) and Bill No 2210 relating to zoning
designation in Lihu e Kauai (Kauai County Council, Applicant)
(Deferred 1211912007)
ES-320 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4) the purpose of this
executive session is to provide a Council briefing on Kauai Springs,
Inc. v. Countv of Kauai, et al. Civ No 07-1-0182 and Kauai Springs,
Inc. v. Planning Conunission of the Countv of Kauai, Civ No 07-1-
0042 and associated matters This consultation involves consideration
of the powers duties privileges inununities and/or liabilities of the
Council and the County as they relate to this agenda item.
ES-321 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4) the purpose of this
executive session is to provide a Council briefing on Koloa Creekside
Estates, L.P. v. Countv of Kauai, et al. Civ No 07-1-0191 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.
ES-322 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(2) (4) the purpose of
this executive session are for the Council to receive a briefing from the
Office of the County Attorney and consult with legal counsel for the
purposes of deliberating and deciding on a proposed settlement in the
case of Heather Gibson v. Countv of Kauai, et al., Civ No 07-00158
SOM/KSC (U.S District Court, District of Hawaii) and related
matters The 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-323 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(2) (4) the purpose of
this executive session is to consult with the Council s legal counsel for
purposes of requesting Council approval of a proposed settlement in an
arbitration case. The 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.
Council Meeting Agenda 9 January 17 2008
ES-324 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purpose of this
executive session is to consult with the Councils legal counsel on legal
questions and issues pertaining to the Councils powers duties
privileges immunities and liabilities regarding Bill No 2226 Draft 4,
relating to shoreline setback and coastal pProtection.
ADJOURNMENT
NOTE: If the Council is not finished 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. 3?I8 AN ORDINANCE AMENDING ORDINANCE NO. 300r 656 AS AMENDED RELATING TO
THE OPERATING B UDGET OF THE POUND' OF EAUA'I, STATE OF HAWA I, FOR THE FISCAL YEAR
JULY I 3007 THROUGH JUNE 1-01 _9008 'BY REVISING THE SURPLL7S AND APPROPRIATIONS
ESTIMATED IN THE GENERAL FUND ($8I 000 F re Department egiiipment)
For complete information, including asummar_y 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 filed in 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
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