HomeMy WebLinkAbout02-27-2008 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, FEBRUARY 27, 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 February 13 2008 re Bill No 2250 and Bill No 2251
COMMUNICATIONS.
C 2008-47 Communication (01/02/2008) from the Director of Economic
Development, requesting agenda time for the Hawaii 2050
Sustainability Task Force to give a presentation.
C 2008-48 Communication (01/11/08) from the Director of Finance requesting
Council approval in the amount of $6 070 000 for the following
projects
• Pono Kai Seawall Emergency Repair - $650 000
• Ahomanu Temporary Road Repair - $0300 000
• Iiapa a Ocean 1-Year Field Study - $0300 000
• Moana Kai ("Fujii Beach') Shoreline Design/Permitting - $200 000
• Iiapa a Beach Park Shoreline Protection Design/Permitting - $200 000
• County-wide Impact Fee & Needs Assessment Study - $250 000
• Solid Waste Programs (Replenishment) - $2,620 000
•Hanapepe & Waimea Levees - $1,250 000
• Hanalei Police/Fire Substation Asbestos Removal, Repairs, &
Renovation - $0300 000
(a) Communication (02/11/08) from the County Engineer with Project
Descriptions for Money Bill Request;
(b) Communication (01/14/08) from the Director of Finance regarding the
Countywide Impact Fee & Needs Assessment Study - $250 000- and
(c) Communication (02/20/08) from the County Engineer submitting
additional project description for Solid Waste Programs
(Replenishment) - $2,620 000
(See proposed Draft Bill 2255)
Council Meeting Agenda 2 February 27 2008
C 2008-49 Communication (02/08/2008) from the Deputy County Clerk,
requesting Council approval to appropriate $105,21.3 from the
Unappropriated Surplus in the General Fund for Controlled Assets
(Equipment) - $65 776 and Other Small Equipment (Furniture) -
$39 4.37 for the Historic County Building Annex Renovation of the
Election Division.
(See Proposed Draft Bill No. 2256)
C 2008-50 Communication (02/12/2008) from the County Engineer requesting
Council approval to transfer $2,977 617 from the General Fund
entitled Kilauea Bridge Project to the following items in the General
Fund.
• Project Contingency $1,200000
• Black Pot Expansion $1 000 000
• Pouli Road Design $ 500 000
• Ele ele Nani Park Sidewalks $ 277 617
(See Proposed Draft Bill No. 2257)
C 2008-51 Communication (01/31/2008) from the Director of Parks and
Recreation, requesting Council approval to purchase the following
program equipment: Two (2) Portable Pool Vacuums and One (1)
Public Address/Music System for a total of approximately $6 800
C 2008-52 Communication (02/07/2008) from the Prosecuting Attorney
requesting Council approval to expend $2,488 55 from the State
Asset Forfeiture Fund to purchase a large-capacity paper shredder
C 2008-53 Communication (02/15/2008) from the Executive on Housing
requesting Council approval and authorization for the acquisition of
land for affordable workforce housing and to proceed with the
proposed transaction to establish with the seller that the County
intends to proceed with the purchase/donation.
(See ES-326)
C 2008-38 Communication (01/17/2008) from the Chief of Field Operations and
Maintenance, Department of Public Works transmitting
for Council approval the Island Wide Resurfacing list
for FY 2007-2008 (Referred to the full Council by the Public Works
Committee ou 212012008.)
Council Meeting Agenda .3 February 27 2008
C 2008-39 Communication (01/28/2008) from the Environmental Services
Management Engineer requesting Council approval to purchase
Automated Refuse Collection equipment and to commence recruitment
to fill the Collections Specialist position, of which funds were
appropriated in the 2007-2008 operating budget.
(Deferred 0211312008)
CLAIMS
C 2008-54 Conununication (02/08/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by IDS Property Casualty
Insurance Company as subrogee of Eduard Mikhayluts for damages
to his rental vehicle pursuant to Section 23 06 Charter of the
County of Kauai.
C 2008-55 Conununication (02/11/2008) from the County Clerk, transmitting a
claim filed against the County of Kaua i by Nancy Levis for
damages to her vehicle pursuant to Section 23 06 Charter of the
County of Kauai.
C 2008-56 Communication (02/13/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Clyde Vito for damages
to his vehicle pursuant to Section 23 06 Charter of the County of
Kaua i.
COMMITTEE REPORTS
CR-F/ED 2008-3: on C 2008-09 Commmucation (11/27/2008) from the ('ouncil Vice
Chair requesting that the Director of Finance be
present to provide an update on the Risk
Management Study
[Received for the record.]
CR-F/ED 2008-4: on C 2008-15 Commmucation (01/03/2008) from the Director of
Finance, transmitting the Period 5 Financial Reports
Statement of Revenues as of November 30 2007
(Statement of Revenues-Estimated and Actual
(Listing), Statement of Expenditures and
Encumbrances (Listing), Revenue Report (Listing)
and Detail Budget Report (Listing) on file in the
County Clerk s Office
[Received for the record.]
Council Meeting Agenda 4 February 27 2008
CR-F/ED 2008-5: on C 2008-16 Commuiucation (01/07/2008) from the Director of
Finance, transmitting the FY 07/08 Second Quarter
Statement of Equipment Purchases, in accordance
with Ordinance No. B-2007-656.
[Received for the record.]
CR-F/ED 2008-6: on C 2008-17 Communication (01/11/2008) from the Mayor
certifying the unreserved-undesignated fund balances
of all ('aunty funds as of June '00, 2007 in accordance
with Kaua'i ('aunty Charter Sec. 19 14.
[Received for the record.]
PUBLIC WORKS COMMITTEE REPORT
CR-PW 2008-4 on C 2008-38 ('ommuiucation (01/17/2008) from the Chief of Field
Operations and Maintenance, Department of Public
Works, transmitting for Council approval the Island
Wide Resurfacing list for FY 2007 2008
[Referred to full Council.]
COMMUNITY ASSISTANCE/INTERGOVERNMENTAL
COMMITTEE REPORT:
CR-CA/IGR 2008-2: on CA/IGR 2008-1 ('ommunication (2/14/2008) from ('ommittee
Chair Isere-('arvalho, requesting that the
Administration provide a status report on the
legislative bills included in the 2008 Kaua'i
County Legislative Package and the 2008
Hawaii State Association of Counties,
Legislative Package, and other legislative bills
which the Administration is either tracking or
has provided testimony that may have an
impact on the counties.
[Received for the record.]
PLANNING COMMITTEE REPORT:
CR-PL 2008-1: on Bill No 2251 AN ORDINANCE AMENDING ORDINANCE NO B.
2007-657 AS AMENDED RELATING TO THE
CAPITOL BUDGET OF THE COUNTY OF KAUAI,
STATE OF HAWAII, FOR THE FISCAL YEAR JITLY
1, 2007 THROUGH JUNE 30 2008, BY REVISING
THE SURPLUS AND APPROPRIATIONS
ESTIMATED IN THE DEVELOPMENT FUND
($500,000 Ag Land Study/Mapping)
[Approved.]
CR-PL 2008-2: on 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
[Received for the record.]
Council Meeting Agenda 5 February 27 2008
RESOLUTIONS
Resolution No 2008-04 RESOLUTION SUPPORTING S.B 958 S.D 1
H.D 1 TO IMPOSE A TEN-YEAR MORATORIUM ON DEVELOPING TESTING
PROPAGATING CULTIVATING GROWING AND RAISING OF GENETICALLY
MODIFIED TARO IN THE STATE OF HAWAI I (Deferred 0211312008)
BILLS FOR FIRST READING
Proposed Draft Bill (No 2255) - 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 GENERAL FUND (Pono Kai
Seawall Emergency Repairs - $650 00 Aliomanu Temporary Road Repair -
$300 000 Kapa a Ocean 1-Year Field Study - $300 000 Moana Kai (Fujii) Shoreline
Design/Permit - $200 000 Kapa a Beach Shoreline Protection Design/Permit -
$200 000 Countywide Impact Fee and Needs Assessment Study - $250 000-
Solidwaste Programs (Replenishment) - $2,620 000 Hanapepe & Waimea Levees -
$1,250 000 and Hanalei Police/Fire Asbestos Removal, Repairs Renovation -
$300 000 for a total of $6 070 000)
Proposed Draft Bill (No 2256) - 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 (Controlled
Assets (Equipment) - $65 776 and Other Small Equipment (Furniture) - $39 4.37 for
the Historic County Building Annex; for a total of $105,213)
Proposed Draft Bill (No 2257) - AN ORDINANCE AMENDING
ORDINANCE NO B-2007-657 AS AMENDED RELATING TO THE CAPITAL
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
(Project Contingency - $1,200 000- Black Pot Expansion - $1000 000 Pouli Road
Design - $500 000- and Ele ele Nam Park Sidewalks $277 617 for a total of
$2,977 617 which transfers from the General Fund - Kilauea Bridge Project)
Council Meeting Agenda 6 February 27 2008
BILLS FOR SECOND READING
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 (The Plarrrrirug Committee recom.m.errded that this item be received
for the record orr 0212012008)
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) (The Planning Committee recommended approval on
02/20/2008)
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 and
shall be limited to those items described in H.R.S §92-5(a) (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-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 0211312008)
ES-324 Pursuant to Haw Rev Stat. §§92-4, 92-5(a)(4) the purpose of this
executive session is to consult with the County Attorney concerning
the claim of Duane Souza against the County of Kaua i. 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. (Deferred 0211312008)
Council Meeting Agenda 7 February 27 2008
ES-325 Pursuant to Haw Rev Stat. §§92-4, 92-5(a)(4) the purpose of this
executive session is to consult with the County Attorney concerning
the claim of Larry Arruda against the County of Kauai. 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. (Deferred 0211312008)
ES-326 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(2) (4) the purpose of
this executive session is for the Council to consult with legal counsel
regarding claims and/or potential claims relating to the acquisition of
land for the development of affordable workforce housing 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.
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 5555 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8 KAUAI COUNTY CODE 1987 AS
AMENDED, RELATING TO COMPREHENSIVE ZONING ORDINANCE (Bureau of Conveyances recordation. I'
requirement)
Bill No 5553 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8 KAUAI COUNTY CODE 1987 AS
AMENDED, RELATING TO COMPREHENSIVE ZONING ORDINANCE (parameters for adopting zoning I'
amendments)
Bill No 5554 AN ORDINANCE AMENDING ORDINANCE NO B-2007 -656 AS AMENDED, RELATING TO
THE OPERATING BUDGET AND FINANCING THEREOF OF THE COUNTY OF KAUAI STATE OF
HAWATI FOR.ITHEFISCAL YEAR ItTLF1, 2007THROUGHJUNE!30 5008, BYREti3SING THESLIRPLUS.I'.
AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($55,000 School Crossing Guards (15),
Police Department)
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 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