HomeMy WebLinkAbout11-20-2007
COUNCIL MEETING NOTICE and AGENDA
TUESDAY, NOVEMBER 20, 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.
Mid-Month Meeting of October 17 2007
Special Meeting of November 7 2007
Public Hearing of November 7 2007 re. Bill No 2288 Bill No 2239 Bill
No 2240 Bill No 2241 and Bill No 2242
COMMUNICATIONS.
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
(Deferred 1110712007)
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 (Deferred-1110712007)
C 2007-395 Communication (11/02/2007) from Mel Rapozo Council Vice Chair
transmitting for Council action, a bill amending Chapter 21
Sections 21-31 and 21-9.2(a) of the Kauai County Code 1987
Integrated Solid Waste Management, by increasing the current
carrying capacity of vehicles permitted to drop off refuse at the
County refuse transfer stations from three-quarter (8/4) ton to one
(1) ton. (See Proposed Draft Bill No. 2247)
Council Meeting Agenda 2 November 20 2007
C 2007-396 Communication (10/22/2007) from the Chief, Building Division,
Department of Public Works transmitting for Council information,
the Building Permit Information Reports for August and September
2007 that includes the following items
1 Building Permit Processing Report
2. Building Permit Estimated Value of Plans Summary
.3 Building Permits Tracking Report
4. Building Permits Status
C 2007-397 Communication (10/23/2007) from the Director of Personnel
Services transmitting for Council information, the first quarter
report (July-September) relative to vacancies established positions
new hires reallocations and promotions (Reports oil file ill the
County Clerk's Office.)
C 2007-398 Communication (10/24/2007) from the Purchasing & Assistant
Contracts Administrator transmitting for Council information, the
emergency rental of one (1) 75-ton hydraulic crane with operator for
two (2) days for $15,229 06 to lift and set aside the temporary
bridge for repair and to subsequently move the temporary bridge to
a new assigned location, and provide emergency vehicular access
across the Kapaia Stream.
C 2007-399 Communication (11/05/2007) from the Mayor transmitting for
Council information, the Kauai Humane Society s First (quarter
Report for FY 2008 and their financial statement and auditors
report for the year ended June .30 2007 (Report oil file till the
Coituty Clerk's Office.)
C 2007-400 Communication (11/06/2007) from the Director of Finance
transmitting for Council information, Period 1 Financial Reports-
Statement of Revenues as of July .31 2007 (Detailed Budget
Report, Statement of Reueuues (Estimated and Actual), Statement of
Expenditures and Encumbrances, and Reueuue Report oil file in the
County Clerk's Office.)
C 2007-401 Communication (11/06/2007) from the Director of Finance
transmitting for Council information, Period 2 Financial Reports-
Statement of Revenues as of August 31 2007 (Detailed Budget
Report, Statement of Reueuues (Estimated and Actual), Statement of
Expenditures and Encumbrances, and Reueuue Report oil file ill the
County Clerk's Office.)
Council Meeting Agenda .3 November 20 2007
C 2007-402 Communication (11/06/2007) from the Director of Finance
transmitting for Council information, Period .3 Financial Reports-
Statement of Revenues as of September .30 2007 (Detailed Budget
Report, Statement of Reuemies (Estimated and Actual), Statement of
Expeiidi ores and Ellelimbrallces, and RPUenue Report oll file 1.11 the
County Clerk's Office.)
C 2007-403 Communication (10/26/2007) from the Mayor transmitting for
Council information, the formation of a new task force regarding
the Ke Alahele Makalae Kauai s Coastal and Heritage Trail,
headed by Bernard Carvalho which includes representation from
the Departments of Public Works Planning Finance and Parks &
Recreation to improve communication and oversight, and to provide
quarterly status briefings to the Council regarding this project.
C 2007-404 Communication (10/22/2007) from the Chief of the Building
Division, requesting Council approval to apply for receive and
expend Federal Emergency Management Agency (FEMA) funds for
hurricane hardening of the Pi ikoi Building including the Fishbowl
Renovation area, to serve as a community emergency shelter
Estimated cost of the project is $244 000 of which FEMA will fund
$158 600 and the County s match will be $85 400 from the
Workforce Initiative Development Office Project (Fishbowl
Renovation) in the Fiscal Year 2007-2008 Capital Improvement
Projects Budget.
C 2007-405 Communication (10/31/2007) from the Kaua i Civil Defense
Administrator requesting Council approval to accept and expend
grant funds from the U S Department of Homeland Security via
the State Civil Defense Department in the following areas and
amounts (in addition to clay-to-clay all hazards scenario)
1 2007 State Homeland Security Grant Program - $66.3,869 to
enhance the State s and County s capability to prevent, deter
respond to and recover from incidents of terrorism involving
use of chemical, biological, radiological, nuclear and explosive
weapons and cyber attacks
2. 2007 Law Enforcement Terrorism Prevention Program -
$400,310 to provide law enforcement communities with
enhanced capabilities for detecting deterring disrupting
and preventing acts of terrorism.
3 2007 Citizen Corps Program - $10 000 to be used to support
Citizen Corps Councils with planning outreach, and
management of Citizen Corps programs and activities
Council Meeting Agenda 4 November 20 2007
C 2007-406 Communication (11/09/2007) from the Anti-Drug Coordinator
requesting Council approval to apply for receive and expend a
Temporary Assistance for Needy Families (TANF) Grant of
$1,524 000 00 from the State Department of Human Services to be
awarded to various agencies to run programs for family
strengthening, positive youth development, and other services and
programs that meet the TANF criteria.
C 2007-407 Communication (10/30/2007) from the Council Chair requesting
the Administration to update the Council on the status of the
former Hanalei and Koloa Courthouses facilities
C 2007-408 Request (11/09/2007) from the Office of the County Attorney
requesting approval to expend up to $50 000 for Special Counsel s
continued representation of County defendants in Michael G. Ching
v. Kauai Countv Council, Civil No 05-1-0080 (Fifth Circuit Court)
Countv of Kauai, et al. v. Office of Information Practices, et al.
Civil No 05-1-0088 (Fifth Circuit Court) and Ravmond L. Chuan
and Walter S. Lewis v. Countv of Kauai, et al. Civil No 05-1-0168
(Fifth Circuit Court) and related matters
C 2007-409 Request (11/08/2007) from the Office of the County Attorney for
authorization to expend additional special counsel funds of up to
$75 000 to continue to retain Special Counsel to represent County
entities in Kung C. Lum v. Kauai Countv Council, et al., Civ No
06-00068 S(_)M/BMK W S District Court, District of Hawaii) and
related matters
CLAIM.
C 2007-410 Communication (10/30/2007) from the County Clerk, transmitting a
claim filed against the County of Kauai by American International
Recovery for AIG Hawaii Insurance subrogee for Linda
De Bisschop for damages to her vehicle pursuant to Section 23 06
Charter of the County of Kaua i.
C 2007-411 Communication (11/09/2007) from the County Clerk, transmitting a
claim filed against the County of Kauai by Larry J Arruda, for
damages to his vehicle pursuant to Section 23 06 Charter of the
County of Kauai.
Council Meeting Agenda 5 November 20 2007
C 2007-412 Communication (11/09/2007) from the County Clerk, transmitting a
claim filed against the County of Kauai by Deborah Grant, for
damages to her vehicle pursuant to Section 23 06 Charter of the
County of Kauai.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORTS:
CR-PW 2007-25: on Bill No 2238 A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 12 OF THE KATTAI ('01TNTY CODE 1957
ENTITLED BUILDING CODE, ADOPTING THE
2003 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
[Approved as amended.]
CR-PW 2007-26: on Bill No 2239 A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 13, KATTAI COUNTY CODE 1987 AS
AMENDED RELATING TO THE ELECTRICAL
CODE
[Approved as amended.]
CR-PW 2007-27 on Bill No 2240 A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 14, KAUAI COUNTY CODE 1987 AS
AMENDED RELATING TO THE PLITMBING CODE
[Approved as amended.]
CR-PW 2007-28: on Bill No 2241 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 THROUGH JUNE 30, 2008, BY
REVISING THE SURPLUS ESTIMATED IN THE
BOND FUND ($2,620,000 - Historic County Bldg
and L3hu'e Civic Center site improvements, L3hu'e
WWTP Centrifuge Replacement, Wailua WWTP
process 3 disinfection upgrade design, Pono Kai
revetment wall design/plans, Lighting retrofits)
[Approved.]
PLANNING COMMITTEE REPORT
CR-PL 2007-8: on Bill No 2226 Draft 2 A BILL FOR AN ORDINANCE
ESTABLISHING A NEW ARTICLE 27
CHAPTER 8, KATTAI COUNTY CODE 1987
RELATING TO SHORELINE SETBACK
AND COASTAL PROTECTION (Planning
Commission recommendation)
[Approved as amended.]
Council Meeting Agenda 6 November 20 2007
BILLS FOR FIRST READING
Proposed Draft Bill No 2247 - A BILL FOR AN ORDINANCE TO AMEND
SECTIONS 21-31 AND 21-9.2(a) OF THE KAUAI COUNTY CODE 1987
RELATING TO INTEGRATED SOLID WASTE MANAGEMENT
BILLS FOR SECOND READING
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 (Deferred 1110712007)
Bill No 2238 Draft 1 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 12 OF THE KAUAI COUNTY CODE 1987 ENTITLED BUILDING
CODE, ADOPTING THE 2003 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 (The Public Works Committee recommended approval as amended to
Bill No. 2238, Draft I on 1111412007)
Bill No 2239 Draft 1 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 1.3 KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO
THE ELECTRICAL CODE (The Public Works Committee recommeuded approval cis
am.euded to Bill No. 2239, Draft I ou 1111412007)
Bill No 2240 Draft 1 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 14 KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO
THE PLUMBING CODE (The Public Works Committee recommeuded approval cis
am.euded to Bill No. 2240, Draft I ou 1111412007)
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 HAWAI I, 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) (The Public 6horks Committee recommended approval on 1111412007)
Council Meeting Agenda 7 November 20 2007
Bill No 2226 Draft .3 - A BILL FOR AN ORDINANCE ESTABLISHING A
NEW ARTICLE 27 CHAPTER 8 KAUA I COUNTY CODE 1987 RELATING TO
SHORELINE SETBACK AND COASTAL PROTECTION (Planning Commission
recommendation) (The Plcmni.rig Committee recommended approval cis amerrcled to
Bill No. 2226, Draft 3 orr 11 /14/2007)
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 Attorney s Office and/or the County Clerk s Office Discussions
held in Executive Session are closed to the public.)
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. (Deferred 1110712007)
ES-308 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 Michael
G. Ching v. Kaua i County Council, Civil No 05-1-0080 (Fifth Circuit
Court) Countv of Kauai, et al. v. Office of Information Practices, et al.,
Civil No 05-1-0088 (Fifth Circuit Court) and Ravmond L. Chuan and
Walter S. Lewis v. Countv of Kauai, et al., Civil No 05-1-0168 (Fifth
Circuit Court) 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.
ES-309 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 Cindv Dusenberrv, et al. v. Countv of Kauai, et al. Civil No
CV07-00180 JMS LEK (U.S District Court, District of Hawaii) 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 8 November 20 2007
ES-310 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 Jav Lotu, et al. V. Countv of Kauai, et al., Civ No 05-1-0054
(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-311 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 S()M/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.
ES-312 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 Darren Cummings 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-313 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(2) (4) and (8) 92F-
13(1) (2) (3) and (4) and 92F-14(b)(1) the purpose of this executive
session is to consult with the Councils legal counsel for purposes of
requesting Council approval of a proposed settlement of a workers
compensation claim, and evaluate an employee s ability to return to
work. This deliberation or decision making involves a matter that
requires the consideration of information that must be kept
confidential as it concerns a significant privacy interest. The
significant privacy interest relates to a medical history diagnosis
condition, treatment, or evaluation and which, pursuant to state or
federal law including the Health Insurance Portability and
Accountability Act, are protected from disclosure
Council Meeting Agenda 9 November 20 2007
ES-314 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(2) (4) and (8) 92F-
13(1) (2) (3) and (4) and 92F-14(b)(1) the purpose of this executive
session is to consult with the Councils legal counsel for purposes of
requesting Council approval of a proposed settlement of a workers
compensation claim, and evaluate an employee s ability to return to
work. This deliberation or decision making involves a matter that
requires the consideration of information that must be kept
confidential as it concerns a significant privacy interest. The
significant privacy interest relates to a medical history diagnosis
condition, treatment, or evaluation and which, pursuant to state or
federal law including the Health Insurance Portability and
Accountability Act, are protected from disclosure.
ES-315 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(2) (4) and (8) 92F-
13(1) (2) (3) and (4) and 92F-14(b)(1) the purpose of this executive
session is to consult with the Council s legal counsel for purposes of
requesting Council approval of a proposed settlement of a workers
compensation claim, and evaluate an employee s ability to return to
work. This deliberation or decision making involves a matter that
requires the consideration of information that must be kept
confidential as it concerns a significant privacy interest. The
significant privacy interest relates to a medical history diagnosis
condition, treatment, or evaluation and which, pursuant to state or
federal law including the Health Insurance Portability and
Accountability Act, are protected from disclosure
ES-316 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purpose of this
executive session is to consult with the Councils legal counsel on
questions and issues pertaining to the Councils powers duties
privileges immunities and liabilities regarding the release of legal
opinions on the 2006 Charter amendment relating to conflict of
interest of Councilmembers
ADJOURNMENT
Council Meeting Agenda 10 November 20 2007
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.
Ball No 2-910 '.A BILL FOR AN ORDINANCE' AMENDING ZONING CONDITIONS IN ORDINANCE NO
II'.
PAI-2002362,.IRELATING TO ZONING DESIG'NATIONI IN LIHL?'E, E4(JAI (Kazta''i Countv.ICouncil,
Applicant)
Ball No 2213 --A BILL FOR AN ORDINANCE AMENDING ZONING CONDITIONS IN ORDINANCE NO
PAI-2002362, IIRELATING TO ZONING DESIGNATION IN LIHLrE, KA[TA:'I (Kauai Cozattv.ICouncil,
II'.
Applicant) (Recommendation front the Planning Conanis8ion)
Bill No 2241-A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KA(TAI COUNTY CODE 1987, AS
AMENDED, RELATING TO A REAL PROPERTY TAX CREDIT FOR HOMES OF VETERANS WITH
WARTIME SERI LICE
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