HomeMy WebLinkAbout05-08-2007
COUNCIL MEETING NOTICE and AGENDA
TUESDAY, MAY 8, 2007
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 April 25 2007
Public Hearings of April 25 2007 re Bill No 2218 Bill No 2219 Bill
No 2220 Bill No 2222 and Bill No 2228
COMMUNICATIONS
C 2007-145 Communication (03/09/2007) from the Council Vice Chair requesting
that the Acting County Attorney be present at the March 15 2007
Council meeting to provide clarification on the opinion from the County
Attorneys office regarding the validity of the shoreline certification for
the bike path. (Deferred 04/25/2007)
C 2007-184 Communication (04/12/2007) from Beryl Blaich, Chairperson, Public
Access Open Space & Natural Resources Preservation Fund
Commission, transmitting for Council information, the Public Access
()pen Space & Natural Resources Preservation Fund Commission 2006
Report, and requesting agenda time to present this report at the
April 25 2007 Council meeting (Deferred 412512007).
C 2007-193 Communication (4/10/2007) from the Director of Finance transmitting
for Council information, Period 8 Financial Reports-Statement of
Revenues As Of February 28 2007 (Detailed Budget Report,
Statement of Reuellues (Estimated and Actual), Statement of
Expeiidi ores and E1leumbranees, and Reuellue Report oil file ill the
County Clerk's Office)
Council Meeting Agenda 2 May 8 2007
C 2007-194 Communication (4/17/2007) from the Mayor submitting for Council
confirmation, his appointment of Mark S Hubbard to serve a partial
term on the County of Kaua i Board of Ethics
C 2007-195 Communication (5/1/2007) from HSAC President Mel Rapozo
submitting for Council approval, the proposed Hawaii State
Association of Counties (HSAC) Slate of Officers for FY 2007-2008
C 2007-196 Conununication (5/1/2007) from HSAC President Mel Rapozo
submitting for Council approval, the HSAC Executive Committee
nominations to the National Association of Counties and Western
Interstate Region boards of directors
C 2007-197 Certification (5/1/2007) by the Director of Finance of the 2007
Assessment List of real property within the County of Kauai.
(Assessment List 2007 on file in the County Clerk's office.)
CLAIMS
C 2007-198 Communication (04/16/2007) from the County Clerk, transmitting a
claim filed against the County of Iiaua i by Roberto Garcia for damages
to his vehicle pursuant to Section 28 06 Charter of the County
of Iiaua i.
C 2007-199 Communication (04/16/2007) from the County Clerk, transmitting a
claim filed against the County of Kauai by Warren Dastrup for
damages to his personal property pursuant to Section 23 06 Charter
of the County of Iiaua i.
C 2007-200 Communication (04/18/2007) from the County Clerk, transmitting a
claim filed against the County of Iiaua i by Shamara Duhaylongsod for
damages to her vehicle, pursuant to Section 28 06 Charter of the
County of Kauai.
C 2007-201 Conununication (04/20/2007) from the County Clerk, transmitting a
claim filed against the County of Kaua i by Mary Manguchei for
medical bills and personal property damages pursuant to
Section 23 06 Charter of the County of Kaua i.
C 2007-202 Conununication (04/25/2007) from the County Clerk, transmitting a
claim filed against the County of Kauai by Thomas E. Niedfeldt for
business expenses incurred, pursuant to Section 23 06 Charter of the
County of Kauai.
Council Meeting Agenda .3 May 8 2007
COMMITTEE REPORTS
FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORT
CR-F/ED 2007-4: on Bill No 2218 AN ORDINANCE AMENDING ORDINANCE
NO B-2008-845 AS AMENDED RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAirAI,
STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1,
2006 THROUGH JUNE 30, 2007 BY REVISING THE
SURPLUS AND APPROPRIATIONS ESTIMATED IN
THE GENERAL FUND (Special Counsel $200,000)
[Referred to the May 23, 2007 Council
meeting ]
PUBLIC WORKS COMMITTEE REPORT
CR-PW 2007-14: on Bill No 2220 A BILL FOR AN ORDINANCE AMENDING
SUBSECTIONS (a) AND (b) OF SECTION 219.2 OF
THE KAUAI COUNTY CODE 1987 RELATING TO
INTEGRATED SOLID WASTE MANAGEMENT
(Tipping fees) [Approved as amended.]
CR-PW 2007-15: on PW 2007-5 Communication (4/17/2007) from Mel Rapozo, Public
Works Committee Chair requesting that the
Administration be present to give an update on the
Vidinha Stadium Shearwater Lighting Retrofit Project.
[Received for the record.]
ENERGY/PUBLIC SAFETY COMMITTEE REPORT
CR-EPS 2007-1: on Bill No 2219 AN ORDINANCE AMENDING SECTION 3-2.1 (a) OF
THE KAUAI COUNTY CODE 1987 AS AMENDED
RELATING TO SALARIES OF CERTAIN OFFICERS
(Deputy Fire Chief)
[Referred to the full Council.]
PARKS & RECREATION COMMITTEE REPORT
CR-P/REC 2007-4: on C 2007-21 Communication (11/14/2006) from the County Engineer
transmitting for ('ouncil review and approval, the
position description of the new Park Planner
[Concur and receive for the record.]
PLANNING COMMITTEE REPORTS:
CR-PL 2007-4: on C 2007-183 Communication (04/17/2007) from Councilmember Jay
Furfaro, transmitting for Council review and support, two
resolutions which requests the preservation of taro
activities and to promote agriculture and minimize
development by amending (_'hapter 8 and (_'hapter 10 of the
Kaua'i County ('ode 1987 (See Resolutions Nos. 2007-72
and 2007-73)
[Received for the record.]
Council Meeting Agenda 4 May 8 2007
CR-PL 2007-5: on Resolution No 2007-72 RESOLUTION PROPOSING AN
AMENDMENT TO CHAPTER 8, KAirAI COUNTY CODE,
1987, RELATING TO ZONING DESIGNATION IN
HANALEI, KAUAI, HAWAII
[Approved.]
CR-PL 2007-6: on Resolution No 2007-7.3 RESOLUTION PROPOSING AN
AMENDMENT TO CHAPTER 10, ARTI(_'LE 2, KAUAI
COUNTY CODE, 1987, RELATING TO THE NORTH
SHORE DEVELOPMENT PLAN
[Approved.]
COMMITTEE OF THE WHOLE REPORTS:
CR-W 2007-2: on C 2007-186 Communication (04/18/2007) from the Salary Commission
Secretary transmitting the 2007 2008 Kaua'i County
Salary Commission Report and Resolution Proposing an
Ordinance Amendment Relating to Executive Salaries.
[Referred to budget.]
CR-W 2007-3: on Bill No 2222 A BILL FOR AN ORDINANCE APPROVING A
COLLECTIVE BARGAINING AGREEMENT FOR
BARGAINING UNIT 11 BETWEEN JULY 1, 2007 AND
JUNE 30, 2011 (Firefighters)
[Referred to the full Council.]
RESOLUTIONS
Resolution No 2007-74 RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Michael S Kano
Fire designation, Partial Term to expire 12/31/2007)
Resolution No 2007-75 RESOLUTION AMENDING RESOLUTION
NO 2005-07 CONFIRMING A MAYORAL APPOINTMENT TO THE BOARD
OF ETHICS (Mark S Hubbard, Partial Term to expire 12/31/2007)
Resolution No 2007-72, RESOLUTION PROPOSING AN AMENDMENT TO
CHAPTER 8 KAUAI COUNTY CODE, 1987 RELATING TO ZONING
DESIGNATION IN HANALEI, KAUAI, HAWAII. (see Committee Report
No. CR-PL 2007-5, Planning Committee reeorr mended approval oil, 512107)
Resolution No 2007-7.3 RESOLUTION PROPOSING AN AMENDMENT TO
CHAPTER 10 ARTICLE 2, KAUAI COUNTY CODE, 1987 RELATING TO THE
NORTH SHORE DEVELOPMENT PLAN (see Committee Report No. CR-PL 200'-6;
Planning Committee recommended approval on. 512107)
Council Meeting Agenda 5 May 8 2007
BILL FOR SECOND READING
Bill No 2219 - AN ORDINANCE AMENDING SECTION 3-2.1(a) OF THE
KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO SALARIES OF
CERTAIN OFFICERS (Deputy Fire Chief) (see Cottattaittee Report No. CR-EPS 2007-1,
Energy/Public Sufety Committee referred the bill to the full Council oo 512107)
Bill No 2220 Draft 1 - A BILL FOR AN ORDINANCE AMENDING
SUBSECTIONS (a) AND (b) OF SECTION 21-9.2 OF THE KAUAI COUNTY
CODE 1987 RELATING TO INTEGRATED SOLID WASTE MANAGEMENT
(Tipping fees) (see Cottattaittee Report No. CR-PW 2007-14, The Public Works Cottattaittee
recommended upprooul us umended oo 512107)
Bill No 2222 - A BILL FOR AN ORDINANCE APPROVING A
COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 11
BETWEEN JULY 1 2007 AND JUNE .30 2011 (Firefighters) (see Cottattaittee Report
No. CR-W 2007-3; The Cottattaittee of the Whole referred the bill to the fill Couueil oil. 512107)
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 oil
file in the County Attorney's Office and/or the County Clerk's Office. Discussions
held in Executi.ue Session are closed to the public )
ES-261 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purpose of this
executive session is to consult with legal counsel on legal liabilities and
opinions (both written and oral) pertaining to the County s Ahukim -
Anahola bicycle/pedestrian pathway project ("Project') specifically
whether the Projects permits (including but not limited to the Kapa a -
Kedlia Project segment) are in compliance with requirements of law
pertaining to Chapter 205A of the Hawaii Revised Statutes (Coastal Zone
Management) the Special Management Area Rules and Regulations of the
County of Kauai, the County of Kauai Planning Department Shoreline
Setback Rules and Regulations Title 1.3 Chapter 222 Hawai i
Administrative Rules (Shoreline Certifications) Chapter 1830 of the
Hawaii Revised Statutes (Conservation District) and Title 1.3 Chapter 5
Hawaii Administrative Rules (Conservation District) 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 0412512007)
Council Meeting Agenda 6 May 8 2007
ES-266 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 the case of King C.
Lum v. Kauai Countv Council, et al., Civ No 06-00068 SUM/BMK (U.S
District Court, District of Hawaii) 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.
(Deferred to the May 8, 2007 Council meeting)
ES-267 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4) the purpose of this
executive session is for the Council to receive a briefing in the case of
Henrv Alfred Barriga, et al., v. Countv of Kauai, CV 05-00327 HG/KS('
(U.S District Court) and John Keikiala Aana v. Countv of Kauai,
CV 05-00328 H(x/BMK (U.S District Court) 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.
(Deferred 0412512007)
ADJOURNMENT
Council Meeting Agenda 7 May 8 2007
NOTE 1: 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 2221 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 9 kA LA I COUNTY CODE 1987,
RELATING TO STREET REQUIREMENTS FORSUBDIIIS1ONS (Traffaccalrningelentents)
Bill No 2224 A BILL FOR AN ORDINANC E TO AMEND CHAPTER 2, K4UA7 COUNTY CODE 1987,
ASAMENDE ' RELATING TO COUNTYDEPARTMENTS (Parks and Recreation)
Bill No. 2225 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 19, KA LTA 7 COUNTY CODE 1981,
AS AAfENDED, RELATING TO PUBLIC PARKS AND RECREATION
NOTE 2: If the Council is not finished with this meeting by approximately
5:00 p.m., it will recess for public' hearings on the following. After the
public hearings, the Council will reconvene to complete any unfinished
business.
(Resolution No 200767 RESOLLTTION ESTABLISHING THE REAL PROPERTY TAIRATES FOR THE I'.
FISCAL IEAR JULY 1, :,9007 TO JUNE 30, 2008 FOR THE CO UNTY OF KACTA'7
Bill No 2216 A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET AND I'
FINANCING THEREOF. FOR THE FISCAL YEAR JULY I 2007-. TO JITNE 30, 200811(Coun(j, of Kauai I'.
Operating Budget)
Bill No 2217 A BILL FOR AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS AND I'
FINANCING THEREOFFOR THEFISCAL YEAR JULY( 2007TO.IJZEE 30,2008 (County of Kaua'il Capital l'.
Iniprouentent Projects Budget)
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