HomeMy WebLinkAbout03-27-2008 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
THURSDAY, MARCH 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.
Special Council Meeting of March 11 2008
COMMUNICATIONS.
C 2008-69 Communication (02/22/2008) from the Director, Department of
Finance, requesting Council approval to establish Risk Manager and
Fair Labor Standards Act (FLSA) Payroll Specialist positions within
the Department of Finance (See Proposed Draft Bill No. 2259)
C 2008-70 Communication (02/26/2008) from the Director Department of
Finance, transmitting for Council information a copy of the Kauai
Humane Society s Second (quarter Report for Fiscal Year (F-Y~ 2008
Field Services Statistics for the first half of FY 2008 Cash Flow
Analysis and News Bulletin.
C 2008-71 Communication (03/01/2008) from the Housing Director Kaua i County
Housing Agency transmitting for Council action a resolution to
authorize the filing of the 2008 Action Plan for the County s 5-Year
Consolidated Plan to the U.S Department of Housing and Urban
Development (HUD) and to appropriate funding for the 2008
Community Development Block Grant (CDBG) projects (See
Resolution No. 2008-12)
Council Meeting Agenda 2 March 27 2008
C 2008-72 Communication (03/01/2008) from the Housing Director Kaua i County
Housing Agency transmitting for Council action a resolution
authorizing the filing of the 2008 Action Plan for the County s 5-Year
Consolidated Plan to the U.S Department of Housing and Urban
Development (HUD) and to appropriate funding for the 2008 HOME
Investment Partnerships Program (HOME) projects (See Resolutiolu
No. 2008-13)
C 2008-73 Communication (03/04/2008) from the Director, Department of
Finance, transmitting for Council information the Period 7 Financial
Reports - Statement of Revenues as of January .31 2008 (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 )
C 2008-74 Communication (03/14/2008) from Mayor Bryan J Baptiste
submitting his Fiscal Year (F`Y) 2008-2009 Budget Message along with
his proposed Operating Budget and Capital Improvements Budget.
(Detailed Line Item Budget on file in the County Clerks Office ) (See
Resolution No. 2008-14 cmd Proposed Draft Bills No. 2260 cmd
No. 2261)
C 2008-75 Conununication (03/19/2008) from Councilmember Ron Kouchi
regarding Council discussion at the March 27 2008 Council meeting
with County legal consultant Scott Ruby on Mr Ruby s review of
Chapter 26 `Special Improvement Financing by Community Facilities
District, Kauai County Code 1987 (Chapter 26 K.C C 1987) and
proposed amendments to Chapter 26 K.C C 1987
C 2008-76 Communication (03/20/2008) from Councilmember JoAnn A.
Yukimura, transmitting for Council approval two (2) proposed
resolutions requesting support for State funding as it relates to taro
research on the apple snail problem in Hawaii and to create a Taro
Security and Purity Task Force through the State legislative process
(See Resolieti.ora No. 2008-15 cmd Resolidi.ora No. 2008-16)
C 2008-77 Communication (02/04/2008) from the County Engineer Department of
Public Works, requesting Council approval to receive and expend grant
funds from the Federal Highway Administration through the State
Department of Transportation (STIP) for the following projects which
require 20% County funding match and execution of all tasks
necessary for completion.
1) Hanapepe Bridge Pedestrian Walkway
Repairs and Replacement $100000
2) Koke e Road Resurfacing $160000
3) Opaeka a Bridge Replacement $800000
4) Pu a opae Bridge Replacement $400000
Council Meeting Agenda .3 March 27 2008
C 2008-78 Communication (03/07/2008) from the Deputy County Clerk, Office of
the County Clerk, requesting Council approval to expend $28 431 from
the County Clerks Fiscal Year (FY) 2007-2008 Operating Budget to
purchase furniture and other equipment necessary to conduct the 2008
walk-in voting in the Historic County Building Annex.
CLAIMS
C 2008-79 Communication (03/04/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by American International
Recovery as subrogee of Frank and Marcelita Rita for damages to
their vehicle pursuant to Section 28 06 Charter of the County
of Kaua i.
C 2008-80 Conununication (03/06/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Diane Ziesing for
damages to her rental vehicle pursuant to Section 28 06 Charter of
the County of Kaua i.
C 2008-81 Conununication (03/13/2008) from the County Clerk, transmitting a
claim filed against the County of Kauai by Elaina Bereiter for
damages to her vehicle pursuant to Section 28 06 Charter of the
County of Kauai.
COMMITTEE REPORTS
FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORTS:
CR-F/ED 2008-7 on Bill No 2254 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 HAWAII, FOR THE FISCAL YEAR JITLY 1, 2007
THROUGH JUNE 30 2008, BY REVISING THE
SURPLUS AND APPROPRIATIONS ESTIMATED IN
THE GENERAL FUND ($22,000 School Crossing
Guards (15), Police Department)
[Approved.]
COMMUNITY ASSISTANCE/INTERGOVERNMENTAL RELATIONS
COMMITTEE REPORT:
CR-CA/IGR 2008-3: on CA/IGR 2008-3 ('ommmucation (3/13/2008) from ('ommittee
Chair Iseri-Carvalho, requesting a status
report & update on Executive Order
transfer of certain State Lands on Kaua'i to
the ('cunty for the purpose of developing
workforce housing opportunities.
[Received for the record.]
Council Meeting Agenda 4 March 27 2008
CR-CA/IGR 2008-4: on CA/IGR 2008-2 ('ommunication (2/21/2008) from ('ommittee
Chair Iseri-Carvalho, 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, and
requesting follow-up information as
discussed at the 2/20/2008 ('ommittee
meeting
[Received for the record.]
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 311212008)
Resolution No 2008-12, RESOLUTION AUTHORIZING THE FILING OF
THE KAUAI COUNTY 2008 ACTION PLAN (COMMUNITY DEVELOPMENT
BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT UNITED STATES OF AMERICA, FOR A GRANT UNDER
TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
AND 1987 (PUBLIC LAWS 98-383 AND 100-242) AS AMENDED
Resolution No 2008-1.3 RESOLUTION AUTHORIZING THE FILING OF
THE KAUAI COUNTY 2008 ACTION PLAN (HOME INVESTMENT
PARTNERSHIPS PROGRAM) WITH THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT UNITED STATES OF AMERICA, FOR A GRANT
UNDER TITLE II OF THE CRANSTG_)N-GONZALEZ NATIONAL AFFORDABLE
HOUSING ACT (PUBLIC LAW 101-625) AS AMENDED
Resolution No 2008-14, RESOLUTION ESTABLISHING THE REAL
PROPERTY TAY RATES FOR THE FISCAL YEAR JULY 1 2008 TO
JUNE .30 2009 FOR THE COUNTY OF KAUA I
Resolution No 2008-15 RESOLUTION SUPPORTING THE FUNDING FOR
STATEWIDE TARO RESEARCH ON THE APPLE SNAIL IN HAWAII
Resolution No 2008-16 RESOLUTION SUPPORTING THE CREATION
AND FUNDING OF A TARO SECURITY AND PURITY TASK FORCE TO
ADDRESS THE MAJOR PROBLEMS FACING THE TARO INDUSTRY IN AN
INCLUSIVE, RESPECTFUL, FACILITATED FORUM
Council Meeting Agenda 5 March 27 2008
BILLS FOR FIRST READING
Proposed Draft Bill (No 2259) - 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
ESTIMATED IN THE GENERAL FUND (Salaries Finance Accounting - Risk
Manager $21714 and FLSA Specialist $11 .394)
Proposed Draft Bill (No 2260) - A BILL FOR AN ORDINANCE RELATING
TO THE OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL
YEAR JULY 1 2008 TO JUNE 30 2009
Proposed Draft Bill (No 2261) - A BILL FOR AN ORDINANCE RELATING
TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL
YEAR JULY 1 2008 TO JUNE .30 2009
BILLS FOR SECOND READING
Bill No 2254 - AN ORDINANCE AMENDING ORDINANCE NO B-2007-656
AS AMENDED RELATING x TO THE OPERATING x BUDGET AND FINANCING x
THEREOF 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
($22000 - School Crossing Guards (15) Police Department) (The
Finance/Economic Development Committee recommended approval of Bill
No. 2254 on second and final reading on 0311912008; see CR-F/ED 2008-7)
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-329 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 Ted Erum, Jr., v.
County of Kauai. Koloa Marketplace. LLC, et al., Civ No 08-0011.3
SOM/BMK (U.S District Court, District of Hawaii) and associated
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.
Council Meeting Agenda 6 March 27 2008
ES-330 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) and County of
Kauai Charter §3 07(E) the purpose of this executive session is to
provide a Council briefing on Wal-Mart Real Estate Business Trust, et
al., v. Kauai County Planning Commission, et al., Civ No 07-1-0181
(Fifth Circuit Court) and associated 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
Council Meeting Agenda 7 March 27 2008
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. 2255 AN ORDINANC=E AMENDING ORDINANCE NO B-2007-657 AS AMENDED,
RELATINGTO THECAPITAL BUDGET OF THE COUNTY" OF KAUAI, STATE OF HAWAII,
FOR THE FISCAL )'EAR JULY 1, 2007 THROUGH JUNE 30, 2008, BY REVISING THE
SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Pond Kai Seawall
l'
Einergeney Repairs $650,00,• AliomanullTemporary Road Repair $300,000; Kapa'a Ocean 1 -Year
Field Study' $300,000; Aloand IS`ai (Fitjii) Shoreline Design lPermit $200,000; Iiapaja Beach'.'.
Shoreline Protection DesignlPerinit - $200,000; Countyivi.de Impact Fee and Needs Assessment Study
$250,000; Solidwaste Programs (Replenishment) $2,620,000; Hanapepe & Waimea '-Levees
$1;250,000; !und Hanalei Police lFireAshes tosRein utal, Repairs, Renouution - $300,000; for la total of I'
$6,' 070,000)
I'
Bill No. 2256 AN ORDINANCE AMENDING ORDINANCE NO. B-2007-656 AS AMENDED,
RELATING TO THE OPERATING BUDGET OF THE COUNTY" OF I A t,:A 7, STATE OF HAWAII,
FOR THE 'FISCAL YEAR JULY L 2007 THROUGH JUNE 30, 2008, BY REVISING THE
SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FIND (Controlled Assets
(Equipment)I $65,776 and Other SmallEquipment (Furniture) $39;437 for the Historic County I'
Building Annex; for a total of $105,213)
Bill No. 2257 AN ORDINANCE AMENDING ORDINANCE NO B-2007-65-1 AS A111ENDED,
RELATING To THECAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, I
FOR THE FISCAL YEAR JULY 1, 200; THROUGH JI NE 30, 2008, BY REVISING THE
SURPLUS ANDAPPROPRIATIONSESTIiIIATEDINTHEGENERAL FUND (Project Contingency
$1,200,000; Black Pot Expansion $1,000,000; Pouli Road Design $500,000; and 'Ele'ele Naui Park
Sidewalks $277617, for a total of $29'617 which transfers from the General Fund Kilauea
Bridge Project)
For complete information, including !a summary of the item, please refer to the official
Notice of Public Hearing. The officialNotice 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 hewing 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