HomeMy WebLinkAbout10-03-2007
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, OCTOBER 3, 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 September 19 2007
Public Hearing of September 19 2007 re Bills Nos 2235 and 2236
COMMUNICATIONS.
C 2007-292 Request (07/30/2007) from the Office of the County Attorney for
authorization to expend up to $75 000 00 for special counsel to
represent the County defendants in Koloa Marketplace, LLC vs.
County of Kauai, et al., Civ No 06-00570 HG/BMK (U.S District
Court, District of Hawaii) and related matters (Deferred
09/19/2007)
C 2007-340 Communication (08/28/2007) from the Chief of the Engineering
Division, Department of Public Works transmitting for Council
action, a traffic resolution which establishes a school bus stop on
Kakela Makai Drive Koloa District, County of Kaua i, State of
Hawai i. (See Resolution No. 2007-87)
C 2007-341 Communication (08/31/2007) from the Purchasing & Assistant
Contracts Administrator transmitting for Council information, the
emergency purchase of one (1) 40' flat rack from Esaki Mapping
and Surveying Inc. for $20 000 00 which will be used to provide
emergency vehicular access across the Kapaia Stream.
Council Meeting Agenda 2 October .3 2007
C 2007-342 Communication (09/05/2007) from the Director Department of
Parks and Recreation, requesting Council approval to accept a
donation of volunteer services from Waimea High School Building
and Construction Academy to build 12 picnic tables with materials
for construction and painting provided by the County which when
constructed will have an estimated value of $4,800 00 and be placed
at Westside County parks
C 2007-343 Conununication (09/14/2007) from the Director Department of
Parks and Recreation, requesting Council approval to accept
donated materials labor and use of equipment from the Kaua i
High School baseball alumni and community volunteers for field
improvement and irrigation system installation at the Vidinha
Stadium Baseball field for an estimated value of $15 000 00
C 2007-344 Conununication (09/19/2007) from the Director Department of
Parks and Recreation, requesting Council approval to accept the
donation of one (1) wooden, standard size pool table from the Grand
Hyatt Kaua i Resort and Spa, which has an estimated value of
$5 000 00 and will be installed at the Koloa Courthouse facility for
use by participants of County programs and that a thank you letter
be sent to General Manager of the Grand Hyatt Kauai Resort and
Spa.
C 2007-345 Communication (09/07/2007) from the IT/Communications and
Projects Manager Department of Finance, requesting Council
approval to
1 apply for receive, and expend FEMA (Federal Emergency
Management Agency) funds for 75% or $206,250 00 of the
total project cost ($275 000 00) for which the County s 25%
match of $68 750 00 will be in-kind contributions including
existing staff and possible equipment purchases to improve
the County s Geographical Information System (GIS) which
is targeted to be managed by IT (Information Technology) of
the Finance Department, and administered by the Kauai
Civil Defense Agency and
2. to hire an additional GIS staff member as a contract
employee which would be completely funded through this
project, rather than using a GIS consultant.
Council Meeting Agenda .3 October .3 2007
C 2007-346 Communication (09/18/2007) from the Auto Equipment
Superintendent, Department of Public Works requesting Council
approval to purchase a hydraulic flow meter for approximately
$3 600 00 to replace one (1) that is currently inoperable and for
which funds are available in the Repair Shop Heavy Equipment
account.
C 2007-347 Conununication (09/19/2007) from the Prosecuting Attorney
requesting Council approval to apply for receive and expend a
supplemental agreement of $60 000 00 in federal funds from the
Office of Juvenile Justice and Delinquency Prevention (()JJDP)
through the State of Hawaii, Department of Human Services
Office of Youth Services which will be used to continue the
cognitive behavioral treatment assessments using the Youth Level
of Service Inventory Program for juvenile law violators and to
indemnify the State of Hawai i.
C 2007-348 Conununication (08/04/2007) from Jay Furfaro Finance/Economic
Development Committee Chair requesting agenda time for the
Finance Department-Accounting to provide an update on corrective
actions and projected completion date on Finding 06-05 (Capital
Asset Management) in the Single Audit Report for Fiscal Year
2006-2007
• Conununication (09/24/2007) from Wallace G Rezentes Jr
Director of Finance, regarding the Single Audit Report,
Finding No 06-05 and informing the Council of actions
initiated relative to the County s annual physical inventory
count.
C 2007-349 Conununication (09/26/2007) from Mel Rapozo HSAC (Hawaii
State Association of Counties) President, transmitting the following
for Council consideration and approval, the proposals submitted for
inclusion in the 2008 HSAC Legislative Package.
A. Amend Act 191 SLH 2007 - Ability of the Counties to Enter
into Contracts with Private Entities or Persons for Services
B Amend Act 82, SLH 2003 - Removing the Exclusion of Public
Beach Parks
C Amend Act 18.3 SLH 2003 - Removing the 51% provision
Relating to Important Agricultural Lands (IAL)
D Amend HRS 46-4 - To clarify Transient Vacation Rentals
Council Meeting Agenda 4 October .3 2007
C 2007-350 Communication (09/26/2007) from Shaylene Iseri-Carvalho Chair
Community Assistance/Intergovernmental Relations Committee
transmitting the following proposals for Council consideration and
approval, for inclusion in the 2008 Kauai County Legislative
Package
STATE CIP
a. Pouli Road Improvements
b. Coqui Frog Eradication
c. Retrofit of Lights at Recreational Facilities
d. Mitigation Plan for Endangered Species Act (Shearwaters)
e. Wastewater Projects
f. Shoreline (seawall) Projects
C 2007-351 Communication (09/27/2007) from the Council Chair requesting
Council approval to expend up to $10 000 to retain special counsel
to provide legal advice to the Council.
C 2007-352 Communication (09/27/2007) from the Council Chair requesting
Council authorization of the necessary release of confidential
documents
CLAIM.
C 2007-353 Communication (09/12/2007) from the County Clerk, transmitting a
claim filed against the County of Kauai by Dr Robert J Brown, for
damages to personal property loss of income and reimbursement of
bills pursuant to Section 23 06 Charter of the County of Iiaua i.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
CR-PW 2007-23: on Bill No 2235 AN ORDINANCE AMENDING ORDINANCE NO
B-2007-857 AS AMENDED RELATING TO THE
CAPITAL BUDGET OF THE COUNTY OF KAUAI,
STATE OF HAWAII, FOR THE FISCAL YEAR.
JULY 1, 2007 THROi1GH JUNE 30 2005, BY
REVISING THE SURPLUS ESTIMATED IN THE
GENERAL FUND ($500000 Kapaia Bridge
Replacement)
[Approved.]
Council Meeting Agenda 5 October .3 2007
COMMUNITY ASSISTANCE/INTERGOVERNMENTAL RELATIONS
COMMITTEE REPORT
CR-CA/IGR 2007-9: on CA/IGR 2007-5 Commmuiucation (8/1/2007) from Sharlene
Iseri-Carvalho, Community Assistance/IGR
Committee Chair requesting that the
Administration be present to discuss the
County s legislative proposals to be submitted
for the 2008 State Legislative Session,
CA/IGR 2007-6 Communication (7/2/2007) from Mel Rapozo,
Hawaii State Association of Counties (HSA(_')
President, requesting that proposals for the
2008 HSA(" Legislative Package be submitted
to the HSA(_' Executive ('onmiittee for
consideration by October 1, 2007 and
CA/IGR 2007-7 Commmuiucation (9/13/2007) from Sharlene
Iseri-Carvalho, Community Assistance/IGR
Committee Chair requesting that the
Administration be present to provide a recap
and status report on the 2007 Hawaii State
Legislative Session.
[Received for the record.]
RESOLUTION
Resolution No 2007-87 RESOLUTION ESTABLISHING A SCHOOL BUS
STOP AT KAKELA MAKAI DRIVE, KOLOA DISTRICT
BILL FOR FIRST READING
Proposed Draft Bill No 2283 - AN ORDINANCE AMENDING ORDINANCE
NO B-2007-665 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 (Parks and
Recreation. Salaries - $96,924 and Special Projects Ka Leo O Kauai - $25 000)
(Deferred 0911912007)
BILL FOR SECOND READING
Bill No 2235 - AN ORDINANCE AMENDING ORDINANCE NO B-2007-657
AS AMENDED RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF
KAUA I, STATE OF HAWAI I, FOR THE FISCAL YEAR JULY 1 2007 THROUGH
JUNE .30 2008 BY REVISING THE SURPLUS ESTIMATED IN THE GENERAL
FUND ($500 000 Kapaia Bridge Replacement) (Tke Public Works Committee
recommended opproual on 0912512007)
Council Meeting Agenda 6 October .3 2007
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-294 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 Marketplace. LLC vs. Countv of Kaua i, et al., Civ No 06-00570
HG/BMK 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 09/19/2007)
ES-296 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purpose of this
executive session is to consult with the County Attorney concerning
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 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.
ES-297 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 legal
questions and issues pertaining to the Councils powers duties
privileges immunities and liabilities regarding Communication Nos
2007-351 (request for special counsel) and 2007-352 (request for
necessary release of confidential documents)
ADJOURNMENT
NOTE SPECIAL ACCOMMODATIONS AND SIGN LANGUAGE
INTERPRETER AND INTERPRETERS FOR NON-ENGLISH
SPEAKING PERSONS ARE AVAILABLE UPON REQUEST FIVE (5)
DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK,
4396 RICE STREET, ROOM 206, LIHU`E, KAUAI.
TELEPHONE NO 241-6371