HomeMy WebLinkAbout10-17-2007
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, OCTOBER 17, 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 meeting of the Council.
Special Meeting of October 1 2007
COMMUNICATIONS.
C 2007-161 Communication (03/22/2007) from the County Clerk, requesting
that the County Attorney be present at the March 28 2007 Council
meeting to provide clarification and guidance on 2006 Charter
Amendment relating to conflict of interest of Councilmembers
(Deferred perrdirrg receipt of County Attorney's opirriorr 0312812007)
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
10/03/2007)
C 2007-356 Communication (09/17/2007) from the Chief of the Building
Division, transmitting for Council action, amendments to Chapter
12 (Building Code), Chapter 1.3 (Electrical Code) and Chapter 14
(Plumbing Code) of the Kauai County Code 1987 as amended, by
adopting the latest editions of the International Building and
Residential Codes National Electrical Code and the Uniform
Plumbing Code (See later for Bills Nos. 2238, 2239, and 2240)
(Bills are on file in the County Clerk's office.)
Council Meeting Agenda 2 October 17 2007
C 2007-357 Communication (10/05/2007) from the Director of Finance
transmitting for Council action, a bill transferring $2 620 000 00 in
the Bond Fund - CIP from Solid Waste Programs to the following-
1 Historic County Bldg & LYhu e Civic Center site
improvements $1 180 000
2. LYhu e Wastewater Treatment Plant centrifuge
replacement 600 000
3 Wailua Wastewater Treatment Plant process &
disinfection upgrade design 400 000
4. Pono Kai revetment wall, design/plans 170 000
5 Lighting retrofits (endangered birds) 270 000
(See Proposed Draft Bill No. 2241)
C 2007-358 Communication (10/03/2007) from Councilmember JoAnn A.
Yukimura, transmitting for Council action, amendments relating
to concessions/peddling at County parks Section 23 Article .3 of
the Kauai County Code 1987 as follows
• Decrease the upset bid price for Spouting Horn Park
concessions from $3 000 00 to $2,500 00 per month rent,
• Prior to March 31 2008 contracts for Spouting Horn Park
concessions will be rebid for a five (5) year term,
• At the end of the five (5) year term, concessions at Spouting
Horn Park will be permanently terminated,
• Require public input when establishing administrative rules
and regulations and
• Includes rental of goods and services in the definition of
concessions and peddling
(See Proposed Draft Bill No. 2242)
C 2007-359 Communication (10/03/2007) from the Planning Director
transmitting the Planning Commissions recommendation to
amend Ordinance No PM-2002-362 Relating to Zoning
Designations in Lihu e Iiaua i, including the proposed realignment
of Nuhou Street, extension of Aheahe Street and associated road
right-of-way improvements and the reconfiguration, improvements
to and maintenance of Ulu Ko Park. (Planning Department's
Findings and Recommendations on file in the County Clerk's office.)
(See Proposed Draft Bill No. 2243 and Proposed Draft Bill No.
2210)
C 2007-361 Conununication (09/24/2007) from Lynn McCrory Chairperson of
the Board of Water Supply transmitting for Council action, a
resolution authorizing the Board of Water Supply to manage and
control certain executive ordered lands (See Resolution No.
2007-88)
Council Meeting Agenda .3 October 17 2007
C 2007-362 Communication (10/08/2007) from the Council Chair transmitting
for Council consideration, a resolution to enter into a sister-city
relationship with Penghu County Taiwan, Republic of China. (See
Resolution No. 2007-89)
C 2007-363 Communication (09/28/2007) from the Director of Personnel
Services transmitting for Council information, the fourth quarter
report (April - June) relative to vacancies established positions
new hires reallocations and promotions (Reports ora file i.ri the
County Clerk's Office.)
C 2007-364 Communication (10/02/2007) from the Purchasing & Assistant
Contracts Administrator transmitting for Council information, the
FY 07/08 lst (quarter Statement of Equipment Purchases (Report
oru file iru the County Clerk's Office)
C 2007-365 Communication (09/25/2007) from the Director Department of
Parks & Recreation requesting Council approval to accept the
donation of materials and services from the Friends of Kamalani, to
remove a damaged slide and install a new slide at the Kamalani
Playground at Lydgate Park for an estimated value of $338 00
C 2007-366 Communication (09/25/2007) from then Acting Chief of Police
Clayton K. Arinaga, requesting Council approval to accept, and
expend a Hawaii Community Foundation Ice Task Force Year Two
Grant of $250 000 00 funded by the U S Department of Justice
through the Hawaii Community Foundation, which will be used to
purchase surveillance equipment, pay for overtime for Ice Task
Force members involved in methamphetamine related
investigations and travel for narcotics training and to indemnify
the Hawai i Community Foundation.
C 2007-367 Communication (10/03/2007) from the Prosecuting Attorney
requesting Council approval to apply for receive, and expend
federal funds in the amount of $57 700 00 for the continuation of
the Domestic Violence Prosecution Unit, for salaries training, and
supplies from February 1 2008 through January .31 2009 and to
indemnify the State of Hawaii, Department of the Attorney
General.
Council Meeting Agenda 4 October 17 2007
C 2007-368 Communication (10/03/2007) from the Prosecuting Attorney
requesting Council approval to apply for receive, and expend
federal funds in the amount of $118 000 00 for the continuation of
the Property Crime Prosecution Unit for salaries training and
supplies from November 16 2007 through November 15 2008 and
to indemnify the State of Hawaii, Department of the Attorney
General.
C 2007-369 Conununication (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 06-07 (Housing Assistance
Eligibility) in the Single Audit Report for Fiscal Year 2006-2007
• Communication (10/08/2007) from Kenneth N Rainforth,
Executive on Housing, regarding the Single Audit Report,
Finding No 06-07 and informing the Council of actions
initiated relative to the County s Housing Assistance
Eligibility
C 2007-370 Communication (08/04/2007) from Jay Furfaro Finance/Economic
Development Committee Chair requesting agenda time for the
Public Works-Engineering to provide an update on corrective
actions and projected completion date on Finding 06-08 (Project
Management, Davis-Bacon Act) in the Single Audit Report for
Fiscal Year 2006-2007
• Conununication (10/10/2007) from the County Engineer
regarding the Single Audit Report, Finding No 06-08 and
informing the Council of actions initiated relative to the
County s standards and procedures regarding payrolls and
payroll records for compliance to the Davis-Bacon Act.
C 2007-371 Request (10/05/2007) from the Office of the County Attorney for
authorization to expend up to $50 000 for special counsel to
represent the County in 1000 Friends of Kauai, et al. v.
Department of Planning, et al., Civ No 07-1-0007 (Fifth Circuit
Court) Coconut Beach Development, LLC v. Countv of Kauai, et
al. Civ No 07-1-0026 (Fifth Circuit Court) Coconut Plantation
Holdings, LLC v. County of Kauai, et al. Civ No 07-1-0027 (Fifth
Circuit Court) and related matters
Council Meeting Agenda 5 October 17 2007
C 2007-372 Request (10/05/2007) from the Office of the County Attorney for
authorization to expend up to $25 000 for special counsel to
represent the County in Heather Gibson v. County of Kaua i, et al.,
Civ No 07-00158 SOM/KSC (U.S District Court, District of
Hawai i) and related matters
C 2007-373 Communication (10/09/2007) from Mel Rapozo HSAC (Hawaii
State Association of Counties) President, transmitting for Council
action, eight (8) proposals introduced by neighbor island Councils
for inclusion in the 2008 Hawai i State Association of Counties
legislative package as follows
1 Relating to Product Branding and Labeling
2 Relating to Agricultural Products
3 Relating to Invasive Species
4 Relating to Counties Establishing a Permanent Fund for
Low Interest Loans to Counties
5 Relating to Housing
6 Relating to Procurement
7 Relating to Gray Water
8 Relating to Traffic Infractions
C 2007-374 Communication (10/04/2007) from Mel Rapozo Chair Public
Works Committee requesting Council approval to request the
State Office of the Auditor to conduct a performance/program audit
on the entire bike/pedestrian pathway project, to include but not
be limited to expenditures permitting and compliance with grant
requirements as per Chapter 28 Hawaii Revised Statutes
CLAIM.
C 2007-375 Communication (10/01/2007) from the County Clerk, transmitting a
claim filed against the County of Kauai by Delbert M. Silva, for
damage to his vehicle pursuant to Section 23 06 Charter of the
County of Kauai.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
CR-PW 2007-24: on PW 2007-10 Communication (9/19/2007) from Shavlene Iseri
('axvalho, Public Works ('onmiittee Vice Chair
requesting that the Administration be present to
discuss an action plan, timehne and cost proposal for
the repair removal, and/or maintenance of Ahomanu
Seawall and Aliomanu Road.
[Received for the record.]
Council Meeting Agenda 6 October 17 2007
ENERGY/PUBLIC SAFETY COMMITTEE REPORT
CR-EPS 2007-3: on EPS 2007-1 ('ommunication (9/14/2007) from Bill Kaipo Asing,
Energy/Public Safety Committee Chair requesting
that Kaua'i Island Utility Cooperative (IUUCJ be
present to provide an updated report on KIUi"s
programs and activities which are not limited to, but
includes the following
a. Patronage Capital Refund
b Renewable Energy Portfolio
C. Integrated Resources
[Received for the record.]
RESOLUTIONS
Resolution No 2007-88 RESOLUTION AUTHORIZING THE BOARD OF
WATER SUPPLY TO MANAGE AND CONTROL CERTAIN LANDS CONVEYED
THROUGH EXECUTIVE ORDER
Resolution No 2007-89 RESOLUTION ACCEPTING THE INVITATION OF
PENGHU COUNTY TAIWAN REPUBLIC OF CHINA, TO ENTER INTO A
SISTER-CITY RELATIONSHIP WITH THE COUNTY OF KAUAI, STATE OF
HAWAI I, UNITED STATES OF AMERICA
BILLS FOR FIRST READING
Proposed Draft Bill No 2210 - A BILL FOR AN ORDINANCE AMENDING
ZONING CONDITIONS IN ORDINANCE NO PM-2002-362, RELATING TO
)
ZONING DESIGNATION IN LIHUE, KAUAI (Kauai County Council, Applicant)
(Referred to the Planning Commission for recommendation on 0211412007)
Proposed Draft Bill No 2233 - AN ORDINANCE AMENDING ORDINANCE
NO B-2007-665 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 (Parks and
Recreation. Salaries - $96,924 and Special Projects Ka Leo O Kauai - $25 000)
(Deferred 1010312007)
Proposed Draft Bill No 2288 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 12 OF THE KAUAI COUNTY CODE 1987 ENTITLED BUILDING
CODE, ADOPTING THE 200.3 EDITION OF THE INTERNATIONAL BUILDING
CODE, AND INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO-
FAMILY DWELLINGS AND PROVIDING FOR THE EFFECTIVE DATE OF THE
ORDINANCE (Copies of the proposed bill on file in the County Clerk s office.)
Council Meeting Agenda 7 October 17 2007
Proposed Draft Bill No 2239 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 1.3 KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO
THE ELECTRICAL CODE
Proposed Draft Bill No 2240 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 14 KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO
THE PLUMBING CODE
Proposed Draft Bill No 2241 - 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
ESTIMATED IN THE BOND FUND ($2,620 000 - Historic County Bldg and
Lihu e Civic Center site improvements Lihu e WWTP Centrifuge Replacement,
Wailua WWTP process & disinfection upgrade design, Pono Kai revetment wall
design/plans Lighting retrofits)
Proposed Draft Bill No 2242 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 23 ARTICLE 3 OF THE KAUAI COUNTY CODE 1987 RELATING
TO PEDDLERS AND CONCESSIONAIRES
Proposed Draft Bill No 224.3 - A BILL FOR AN ORDINANCE AMENDING
ZONING CONDITIONS IN ORDINANCE NO PM-2002-362, RELATING TO
ZONING DESIGNATION IN LTHU E, KAUA I (Kauai County Council, Applicant)
(Recommendation from the Planning Commission)
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-263 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 2006 Charter
amendment relating to conflict of interest of Councilmembers
(Deferred 0312812007)
Council Meeting Agenda 8 October 17 2007
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 10/03/2007)
ES-300 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purposes 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 Darla Abbatiello v. Countv of Kaua i, et al. Civ No 04-00562
SOM/BMK (U.S District Court, District of Hawaii) and associated
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-301 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(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 Debra L. Yasav, et al. v. Darius John Henderson and the
Countv of Kauai., Civ No 04-1-000095 (Fifth Circuit Court) 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-302 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 for a briefing
regarding the claim of Helen Chu for damages to property 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-303 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(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
claim of Martin Bocobo 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.
Council Meeting Agenda 9 October 17 2007
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. 2237- AN ORDINANCE AMENDING ORDINANCE NO B-2007-656 AS AMENDED, RELATING TO
THE OPERATING B UDGET OF THE COUNTY OF EAUA'I, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY" 12007 THROUGH JUNE 302008 BY RE17SING`--THE SURPLUS ESTIAIATED IN THE GENERAL "
FUND ($50 000 00 Local Circa netivorh equipment for Historic Countv.Building and Annex)
For complete information, including asummary 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