HomeMy WebLinkAbout11-07-2007
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, NOVEMBER 7, 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.
Regular Meeting of October 3 2007
Special Meeting of October 10 2007
Public Hearing of October 17 2007 re Bill No 2287
COMMUNICATIONS.
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. Countv of Kauai, et al. Civ No 07-1-0027 (Fifth
Circuit Court) and related matters (Deferred 10/17/2007)
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
Hawaii) and related matters (Deferred 10/17/ 2007)
Council Meeting Agenda 2 November 7 2007
W 2007-2 Communication (10/18/2007) from Council Chair Asing requesting
that the County Attorney provide a legal interpretation of the 2006
Charter Amendment relating to conflict of interest of
Councilmembers and that he be present to discuss this matter
(Referred to the firll Council by the Committee of the Whole orr
10/24/2007)
C 2007-376 Communication (09/28/2007) from the Council Vice Chair
transmitting for Council consideration, a bill that entitles a veteran
deployed in a U.S Department of Defense designated combat zone
with at least ninety (90) days of wartime service to qualify for a
fifteen hundred dollar ($1,500 00) real property tax credit. (See
Proposed Draft Bill No. 2244)
C 2007-377 Communication (10/08/2007) from the Fire Chief, transmitting for
Council action, a bill appropriating $66 185 00 from the surplus
estimated in the General Fund to cover the County s 20% portion of
the Assistance to Fire Fighters Grant (AFG) for the purchase of a
Mobile Fire Trainer T-4000 with two (2) fire capabilities a forcible
entry door prop four (4) additional fire mock ups spare repair parts
kit, and tax and shipping to Kauai. (See Proposed Draft Bill No.
2245)
C 2007-378 Communication (10/10/2007) from Councilmember Ron Kouchi,
transmitting for Council consideration, a bill amending Condition
No 4 of Ordinance No PM-316-95 (Damien and Elizabeth
Victorino Alfred and Elsie Victorino Damien O Victorino Gary
Victorino Diane T Juarez, and Veronica H. Smith, Applicants)
relating to zoning designation in Kapa a Homesteads Kaua i, which
would provide an extension of time to obtain final subdivision
approval. (See Proposed Draft Bill No. 2246)
C 2007-379 Communication (10/29/2007) from the Council Chair transmitting
for Council consideration and approval, a resolution appointing
Caren F Diamond to fill a vacancy on the Public Access Open
Space Natural Resources Preservation Fund Commission as a
Council at-large appointee until May 1 2008 replacing Bill Dan
DeCosta. (See Resoluti.ou No. 2007-90)
Council Meeting Agenda .3 November 7 2007
C 2007-380 Communication (10/30/2007) from Councilmember Ron Kouchi,
providing written disclosure regarding his oral declaration at the
October 24 2007 Planning Committee meeting of a possible
financial conflict of interest pertaining to Bill No 2226 as his
employer Kauai Development, LLC owns shoreline property which
may be affected.
C 2007-381 Communication (11/01/2007) from Councilmember Shaylene
Iseri-Carvalho providing written disclosure regarding her oral
declaration at the October 24, 2007 Committee meeting of a
possible financial conflict of interest pertaining to Bill No 2202
insofar as it relates to matters concerning the Department of
Hawaiian Home Lands because she is a beneficiary of the
Hawaiian Homes Lands Act and is on the waiting list for a long
term lease.
C 2007-382 Communication (09/19/2007) from the Solid Waste Program
Administrative Officer requesting Council approval to purchase
Automated Refuse Collection equipment and to recruit for a new
Collections Specialist position, for which funding was appropriated
in the current fiscal year 2007-2008 operating budget.
C 2007-383 Communication (10/31/2007) from the Director of the Department
of Parks & Recreation, requesting Council approval of the donation
of materials and services from Oceanic Time Warner Cable of
Hawaii to install permanent fiber optic cable lines at Vidinha
Stadium to broadcast live on OC16 championship games played at
Vidinha Stadium during November 2007 with an estimated value
of these materials and services of approximately $11000 00 and
which system will be available to any other user as approved by the
Department of Parks & Recreation, and that Oceanic Time Warner
Cable of Hawaii will indemnify the County of Kauai from all
liability for the installation, operation, and maintenance of the fiber
optic lines
C 2007-384 Communication (11/01/2007) from the Director of the Department
of Parks & Recreation, requesting Council approval of the donation
of a set of down markers (pro model lineman set) that has an
approximate value of $336 00 from Mel Rapozo which will be used
by the County s Department of Parks & Recreation for the
upcoming State football playoffs at Vidinha Stadium and other
football games in the future
Council Meeting Agenda 4 November 7 2007
C 2007-385 Communication (10/26/2007) from Tim Bynum, Parks & Recreation
Committee Chair requesting that the Administration be present to
provide an update on the formation plan of the Department of
Parks & Recreation, and should include but not be limited to the
formation of the department, current staffing and the overall
implementation of the plan for the department.
C 2007-386 Communication (10/26/2007) from Councilmember Shaylene
Iseri-Carvalho requesting that Keren Gundersen, Project Manager
Kauai Invasive Species Committee be present to update the
Council on the progress and success rate the maintenance and
monitoring and the outreach efforts of the coqui frog infestation
and eradication program.
C 2007-387 Communication (10/29/2007) from the Council Vice Chair
requesting that the Director of Finance be present to provide an
update of the Risk Management Study
C 2007-388 Communication (10/30/2007) from the Council Vice Chair
requesting that the County Engineer be present to provide a status
of the construction of the Kapaia Swinging Bridge
C 2007-389 Communication (10/30/2007) from Shaylene Iseri-Carvalho Chair
of the Community Assistance/Intergovernmental Relations
Committee, requesting Council consideration and approval of the
following two (2) proposals that were recommended for approval by
the Community Assistance/Intergovernmental Relations
Committee for inclusion in the 2008 Kauai County Legislative
Package
1 Relating to Public Land Liability - Provides counties with
protection from liability as result of natural conditions on or
near public beach parks and amends Act 82 Sessions Laws
of Hawaii 2003 to remove the exclusion of public beach
parks
2 Relating to Important Agricultural Lands - Deletes a
portion of Section 205-49(a)(3) Hawaii Revised Statutes
which removes large tracts of agricultural lands from
consideration for designation as Important Agricultural
Lands
Council Meeting Agenda 5 November 7 2007
C 2007-390 Communication (10/31/2007) from Shaylene Iseri-Carvalho Chair
of the Community Assistance/Intergovernmental Relations
Committee, requesting Council consideration and approval of the
following capital improvement projects (CIP) recommended by the
Community Assistance/Intergovernmental Relations Committee
for inclusion in the 2008 Kaua i County Legislative Package.
STATE/COUNTY CIP (50% Matching Funds)
1 Pouli Road improvements (design) $ 500 000
2 Retrofit of lights at recreational facilities 1,210 000
3 Mitigation Plan for endangered species 200 000
4 Wastewater projects 1 050 000
STATE CIP (100% State Funds)
5 Coqui frog eradication $ 100 000
C 2007-391 Request (10/31/2007) from the Office of the County Attorney for
authorization to engage a legal consultant for matters relating to
the formation of Community Facilities District No 1 (the
Kukuiula Community Facilities District) and other matters
relating to community facilities districts as provided for in Kauai
County Code Section 26-1 13
C 2007-394 Communication (11/01/2007) from the Council Chair transmitting
for Council consideration, a resolution that repeals Resolution No
2206-07 Draft 1 which authorized execution of an initial deposit
and reimbursement agreement and acceptance of deposits for the
Kukuiula community facilities district (CFD) and replaces it with
a revised resolution authorizing execution of an amended deposit
and reimbursement agreement and acceptance of additional
deposits for matters related to the proposed Kukuiula CFD (See
Resolutionu No. 2007-91)
LEGAL DOCUMENT
C 2007-392 Communication (07/30/2007) from the Mayor transmitting and
recommending Council approval of:
• A Dedication Deed from Kakela Makai Partners I, conveying
to the County of Kauai, three (8) roadway lots Lot .36 Lot
.37 and Lot .38 Kakela Makai Oceanview Subdivision
Increment II, Kalaheo Homesteads (2nd Series) Kalaheo
Koloa, Kauai, Hawaii, Tax Map Key (4) 2-3-008-053 (por )
for roadway purposes
Council Meeting Agenda 6 November 7 2007
CLAIM.
C 2007-393 Communication (10/23/2007) from the County Clerk, transmitting a
claim filed against the County of Kaua i by Nadine Rita for medical
bills pain, and buffering pursuant to Section 23 06 Charter of the
County of Kauai.
COMMITTEE REPORTS
FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORT
CR-F/ED 2007-9: on Bill No 2237 AN ORDINANCE AMENDING ORDINANCE NO 13-
2007-656 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 ESTIMATED IN THE
GENERAL FUND ($50 000.00 Local area network
equipment for Historic County Building and Annex)
[Approved.]
COMMUNITY ASSISTANCE/IGR COMMITTEE REPORTS:
CR-CA/IGR 2007-10: on Bill No 2202 A BILL FOR AN ORDINANCE TO
ESTABLISH A NEW CHAPTER, IiATTAI
COUNTY CODE 1587 AS AMENDED
RELATING TO THE HOUSING POLICY
FOR THE COUNTY OF KATTAI
[Approved as amended.]
CR-CA/IGR 2007-11: on C 2007-350 Communication (09/26/2007) from Shaylene Isen
Carvalho, Chair Community
Assistance/Intergovernmental Relations ('ommittee,
transmitting the following proposals for Council
consideration and approval, for inclusion in the 2008
Kaua'i County Legislative Package:
STATE CIP
a. Pouli Road Improvements
[Approved.]
b. ('oqui Frog Eradication
[Approved.]
C. Retrofit of Lights at Recreational Facilities
[Approved.]
d. Mitigation Plan for Endangered Species Act
(Shearwaters)
[Approved.]
P Wastewater Projects
[Approved.]
f. Shoreline (seawall) Projects
[Received for the record.]
Council Meeting Agenda 7 November 7 2007
CR-CA/IGR 2007-12: on CA/IGR 2007-9 Commmucation (10/16/2007) from
('ouncilmember JUAnn A. Yukimura,
requesting that the following statute
proposals be included in the 2008 Kaua'i
Legislative Package:
1) A Bill For An Act Relating To
Government
[Not approved.]
2) A Bill For An Act Relating To Public
Land Liability
[Approved.]
31 A Bill For An Act Relating To
Important Agricultural Lands
[Approved.]
PARKS & RECREATION COMMITTEE REPORT
CR-P/REC 2007-8: on P/REC 2007-3 Communication (9/4/2007) from
(_',ouncilmember Ronald Kouchi, requesting
that the Administration be present to give an
update on the status of the Viclinha Stadium
lighting and baseball field lighting projects.
[Received for the record.]
COMMITTEE OF THE WHOLE REPORT
CR-W 2007-12: on W 2007-2 Communication (10/18/2007) from Council Chair Asing,
requesting that the County Attorney provide a legal
interpretation of the 2006 Charter Amendment relating to
conflict of interest of Councilmembers, and that he be present
to discuss this matter
[Referred to full Council.]
RESOLUTIONS
Resolution No 2007-90 RESOLUTION AMENDING RESOLUTION
NO 2005-50 TO FILL A VACANT COUNCIL APPOINTMENT ON THE PUBLIC
ACCESS OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND
COMMISSION (Caren F Diamond, Development Plan Area, At Large)
Resolution No 2007-91 RESOLUTION REPEALING RESOLUTION NO
2006-07 DRAFT 1 AND AUTHORIZING THE EXECUTION OF AN AMENDED
DEPOSIT AND REIMBURSEMENT AGREEMENT AND ACCEPTANCE OF
INITIAL DEPOSIT AND ANY ADDITIONAL DEPOSITS FOR KUKUI ULA
COMMUNITY FACILITIES DISTRICT
Council Meeting Agenda 8 November 7 2007
BILLS FOR FIRST READING
Proposed Draft Bill No 2233 - 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 10/1712007)
Proposed Draft Bill No 2244 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO A
REAL PROPERTY TAX CREDIT FOR HOMES OF VETERANS WITH WARTIME
SERVICE
Proposed Draft Bill No 2245 - AN ORDINANCE AMENDING ORDINANCE
NO B-2007-656 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 ($66 185 Fire
Equipment - Mobile fire trainer)
Proposed Draft Bill No 2246 - A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO PM-316-95 RELATING TO ZONING DESIGNATION ON
PROPERTY IN KAPA A HOMESTEADS KAUAI (Kauai County Council,
Applicant)
BILLS FOR SECOND READING
Bill No 2237 - 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 ($50 000 00 Local area network equipment for Historic
County Building and Annex) (The Finance/Economic Development Committee
recommended approval on 1012412007)
Bill No 2202 Draft 1 - A BILL FOR AN ORDINANCE TO ESTABLISH A
NEW CHAPTER, KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO
THE HOUSING POLICY FOR THE COUNTY OF KAUAI (The Community
Assi.stance/IGR Committee recommended approval as amended on 1012412007)
Council Meeting Agenda 9 November 7 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-304 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
the case of 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. Countv of
Kauai, et al. Civ No 07-1-0027 (Fifth Circuit Court) 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-305 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
the case of Heather Gibson v. Countv of Kauai, et al. Civ No
07-00158 SOM/KSC (U.S District Court, District of Hawaii) 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-306 Pursuant to Hawaii Revised Statutes sections 92-4, 92-5(4) and/or (8)
the purpose of this executive session is to provide a Council briefing on
the authorization to expend monies from the funds established
pursuant to Kauai County Code section 26-11.3 to retain a legal
consultant regarding the formation of community facilities district
no 1 (the Kukui ula Community Facilities District) and other matters
relating to community facilities districts This executive session
involves consideration of the powers duties privileges immunities
and/or liabilities of the Council and the County of Kaua i as they relate
to this agenda item.
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 Council s legal
counsel on legal questions and issues pertaining to the Council s
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.
Council Meeting Agenda 10 November 7 2007
ADJOURNMENT
NOTE: If the Council isf 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 3238 :A BILL FOR AN ORDINANCE TO AMEND CHAPTER 12 OF THE KA (TA:`7 COUNTY CODE
19871 ENTITLED 'BUILDING CODE ADOPTING THE 2003 EDITION OF THE INTERNATIONAL I'
BUILDING CODE, AND INTERNATIONAL' RESIDENTIAL CODE FOR ONE AND TWO FAAHLY"
DWELLINGS AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE (Copies of the
proposed bill on file in the Count,y Clerk's office.)
Bill No 2339 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 13, KA(TA'I CO UNTP CODE 1987, AS
AMENDED RELATING TO THE ELECTRICAL CODE
Bill No. 2310 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 14, K4(TA7 COUNTF CODE 1987, AS
8AlbMENDED, RELATING TO THE PL (TMBING CODE
Bill No. 2211 AN ORDINANCE AMENDING ORDINANCE NO B 3007 657 AS AMENDED RELATING TO
THE CAPITAL IBUDGET IIOF THE:COUNn' OF KAUA3; STATE OF HAWAII; FOR THE FISCAL YEAR
.I'.
JULY-1, 3007 THROUGH JUNE 30, 3008, BY REVISING THE SURPL(TS ESTInIATED IN THE BOND
FUND ($2 630,400 Historic ('ouno, Bldg and Lihn e Ciuie Center site iniprovenaents, Lthii e WWTP Centrifilge
Replacement, Wailua WWTP process ll fie disinfection. upgrade design IPono Kai .'revetment wall design/plans I'.
Lighting retrofits)
Bill No 224-9 -'A BILL FOR AN ORDINANCE TO AMEND CHAPTER 23, ARTICLE 3OF THE K4(TA7
COUNTY CODE 1987, RELATING TO PEDDLERS AND CONCESSIONAIRES I'
For complete information, including asummar_y 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