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Home My WebLink About01-14-2009 COUNCIL AGENDA COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, JANUARY 14, 2009 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. Public Hearing of December 17 2008 re Bill No 2292 and Bill No 2294 COMMUNICATIONS. C 2009-30 Communication (11/28/2008) from then Council Chair Jay Furfaro transmitting for Council consideration, proposed amendments to address the issue of vacation rentals on agricultural lands (See Proposed Draft Bill No. 2298) C 2009-31 Communication (12/08/2008) from the Chief, Building Division, Department of Public Works transmitting for Council information, the Building Permit Information Reports for November 2008 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 2009-32 Communication (12/08/2008) from the Director of Finance transmitting for Council information, the certified unreserved undesignated fund balance for the fiscal year ending June 30 2008 Council Meeting Agenda 2 January 14, 2009 C 2009-83 Communication (12/08/2008) from the Director of Personnel Services transmitting for Council information, the following classification requests which the Department of Personnel Services will be reviewing and taking appropriate action. • Fire Department, Position No 701 (Present Class of Fire Service Trainer to Fire Fighter III) • Fire Department, Position No 699 (Present Class of Fire Apparatus Operator to Fire Fighter III) • Fire Department, Position No 698 (Present Class of Fire Apparatus Operator to Fire Fighter III) • Fire Department, Position No 697 (Present Class of Fire Apparatus Operator to Fire Fighter III) C 2009-34 Conununication (12/15/2008) from the Chief of Wastewater informing the Council of recent emergency procurements for pump replacements that were required at the Lihu e and Wailua Wastewater Treatment Plants C 2009-35 Communication (12/16/2008) from the Director of Finance transmitting for Council information the Period 4 Financial Reports - Statement of Revenues as of October .31 2008 (Statement of Revenues-Estimated and Actual (Listing), Statement of Expenditures and Encumbrances (Listing), Revenue Report (Listing), and Detail Budget Report (Listing) on. file in. the County Clerk's Office.) C 2009-36 Conununication (12/17/2008) from the Director of Finance transmitting a request for appropriation of $40,203 to establish a line item within the Fire Department for the lease of a 3 100 square feet conunercial space for the remainder of the fiscal year and the term of the lease will be for three (3) years with two (2) one year options (See Proposed Draft Bill No. 2299) C 2009-37 Communication (12/17/2008) from the Director of Finance transmitting a request to transfer $83.3 696 from the County s General Fund to the Golf Fund ($283 405) and Sewer Fund ($600,291) which will adjust the budgeted fund balances to actual fund balances in these funds (See also C. 2009-32) (See Proposed Draft Bill No. 2300) C 2009-38 Communication (12/23/2008) from Judith F Lenthall, Executive Director Kaua i Food Bank, transmitting for Council information, a mid-year status report concerning the $58 000 grant authorized by the County Council for the Kaua i Food Bank s Food Stamp Outreach Program from the period July 1 2008 through June 30 2009 Council Meeting Agenda .3 January 14, 2009 C 2009-39 Communication (01/08/2009) from Chief, Building Division, Department of Public Works transmitting a request for appropriation of $50 000 of contingency funds for the Work Force Initiative (Fishbowl) Project. (See Proposed Draft Bill No. 2301) C 2009-40 Communication (12/08/2008) from the Executive on Transportation, requesting Council approval to apply for receive indemnify and expend Federal Transit Administration (FTA) Section 5,309 and 5,310 grants for capital expenditures in the amount of $509 600 and $72 000 respectively C 2009-41 Conununication (12/10/2008) from the Fire Chief, requesting Council approval to accept a $500 monetary donation from Mrs Clorinda Nakashima for the efforts of the Fire Department in trying to find her husband which funds will be deposited into a grant account for future use in recognizing firefighters C 2009-42 Communication (12/12/2008) from the Chief of Wastewater requesting Council approval to expend an estimated $20 000 to construct approximately 60 linear feet of 6 feet high chain link fence for the newly constructed valve system at the Waimea Wastewater Treatment Plant Effluent, TMK 1-2-6.9 C 2009-4.3 Communication (12/16/2008) from Robert G.F Lee, Major General, HIND Director of Civil Defense requesting Council approval to appoint Mayor Bernard Carvalho Jr as the Deputy Director of Civil Defense in accordance with H.R.S Section 128-30 C 2009-44 Communication (12/17/2008) from the Chief of Wastewater requesting Council approval to expend approximately $25 000 to replace and upgrade the existing Supervisory Control and Data Acquisition (SCADA) system software, along with a radio system and appurtenances for the Ele ele Wastewater Treatment Plant which funds will be used from the Wastewater Divisions current budget for supplies C 2009-45 Conununication (12/23/2008) from Hawaii State Association of Counties (HSAC) President Derek S.K. Kawakami, requesting that all counties consider and approve the proposed new slate of HSAC Executive Committee Officers for the remainder of the 2009 Fiscal Year as follows • Nestor Garcia, President • Derek S.K. Kawakami, Vice-President • Joseph Pontanilla, Treasurer • Dennis Fresh Onishi, Secretary Council Meeting Agenda 4 January 14, 2009 C 2009-46 Request (12/29/2008) from the Office of the County Attorney for authorization to expend additional funds up to $100 000 for special counsel regarding charter amendments and other related matters including but not limited to compliance with legal requirements and/or drafting of ordinances and/or rules C 2009-47 Request (12/29/2008) from the Office of the County Attorney for authorization to expend funds up to $50 000 to retain special counsel to represent County of Kaua i in Grant W. Gribble v. County of Kaua i, et al., Civil No 08-1-0231 (Fifth Circuit Court) and related matters C 2009-48 Request (12/29/2008) from the Office of the County Attorney for authorization to expend up to $100 000 from the special counsel account to continue to retain outside counsel to represent the County in Gerard R. Bosma, et al. v. James H. Pflueeer, et al_ Civ 08-1-0052 (Fifth Circuit Court) Ronald and Gina Calisher v. James H. Pflueeer, et al_ Civ 07-1-0106 (Fifth Circuit Court) Bruce Fehrine, Individually 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 related matters C 2009-49 Communication (12/29/2008) from Chief, Building Division, requesting Council approval to apply for receive and expend Federal Emergency Management Agency (FEMA) funds of $80,250 for hurricane hardening of the Mo ikeha Building which will protect the building from hurricane force winds and County match will be $26 750 C 2009-50 Communication (12/29/2008) from the County Executive on Aging requesting Council approval to apply for receive and expend $270,396 for a two-year period from HMSA Foundation which will be used for two evidence-based programs currently being implemented by the Agency on Elderly Affairs and includes program operational costs for EnhanceFitness and Chronic Disease Self-Management Programs C 2008-280 Communication (09/12/2008) from Council Chair Jay Furfaro requesting that the Administration be present to provide an update on the Department of Personnel Services policies on recruitment, hiring and retention plan. (Deferred 1211712008) Council Meeting Agenda 5 January 14, 2009 LEGAL DOCUMENTS C 2009-51 Communication (01/02/09) from the County Treasurer requesting Council approval to indemnify Alert Alarm of Hawaii for repair and maintenance contracts (approval of limitation to liability as requested in item no 4 of the following contracts) • Contract No 7902, and • Contract No 790.3 (On. file in. the County Clerk's Office) C 2009-52 Communication (12/08/2008) from the Executive on Transportation, Transportation Agency transmitting for Council approval and recommendation to indemnify the landowner to establish bus stops on their property as follows • Right-of-Entry Agreement by and between U.S Navy Pacific Missile Range Facility (PMRF) and the County of Kauai for the Kauai Bus to establish a bus stop for picking up and dropping off of passengers on their premises limited to the parking lot area. CLAIMS C 2009-5.3 Communication (12/10/2008) from the County Clerk, transmitting a claim filed against the County of Kaua i by Demetria Kung of State Farm Insurance as subrogee for Alec and Agnes Blackstad for damages to their vehicle pursuant to Section 28 06 Charter of the County of Kaua i. C 2009-54 Communication (12/31/2008) from the County Clerk, transmitting a claim filed against the County of Kaua i by Thomas E. Niedfeldt for business expenses incurred, pursuant to Section 23 06 Charter of the County of Kauai. COMMITTEE REPORT PLANNING COMMITTEE REPORT: CR-PL 2009-01: on Bill No 2294 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Transient Vacation Rentals) [Approved as amended.] Council Meeting Agenda 6 January 14, 2009 BILLS FOR FIRST READING Proposed Draft Bill No 2298 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8 KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO THE COMPREHENSIVE ZONING ORDINANCE AND SINGLE-FAMILY TRANSIENT VACATION RENTALS Proposed Draft Bill No 2299 - AN ORDINANCE AMENDING ORDINANCE NO B-2008-672 AS AMENDED RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUA I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1 2008 THROUGH JUNE 30 2009 BY REVISING THE SURPLUS ESTIMATED IN THE GENERAL FUND (Appropriation of $40,203 from the General Fund to Building Lease Fire) Proposed Draft Bill No 2300 - AN ORDINANCE AMENDING ORDINANCE NO B-2008-672 AS AMENDED RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1 2008 THROUGH JUNE 30 2009 BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($833 696 from the County s General Fund to the Golf Fund of $233 405 and Sewer Fund of $600,291) Proposed Draft Bill No 2301 - AN ORDINANCE AMENDING ORDINANCE NO B-2008-673 AS AMENDED RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUA I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1 2008 THROUGH JUNE .30 2009 BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Work Force Initiative (Fishbowl) Project) BILLS FOR SECOND READING Bill No 2294, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8 KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Transient Vacation Rentals) 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 H.R.S §92-5(a) and Kauai County Charter §3 07E. (Confidential reports on file in the County Attorneys Office and/or the County Clerk s Office Discussions held in Executive Session are closed to the public.) Council Meeting Agenda 7 January 14, 2009 ES-369 Pursuant to Haw Rev Stat. §§92-4, 92-5(a)(4) and (8) and Kauai County Charter section 3 07(E) the purpose of this executive session is to provide the Council a briefing on the legal ramifications and/or requirements and/or claims and/or potential claims relating to charter amendments adopted in the 2008 general election and other related matters This briefing and consultation involves the consideration of the powers, duties privileges immunities and/or liabilities of the Council and the County as they relate to legal ramifications and/or requirements and/or claims and/or potential claims relating to this agenda item. ES-370 Pursuant to Haw.Rev Stat. §§92-4 and 92-5(a)(4) and (8) and Kauai County Charter section 3 07(E) the Office of the County Attorney requests an executive session with the Council to provide the Council a legal briefing on Grant W. Gribble v. County of Kaua i, et al., Civil No 08-1-0231 (Fifth Circuit Court) and related matters This 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-371 Pursuant to Haw.Rev Stat. §§92-4 and 92-5(a)(4) and (8) and Kauai County Charter §3 07(E) the purpose of this executive session is to provide a Council briefing on Gerard R. Bosma, et al. v. James H. Pflueeer, et al., Civ No 08-1-0052 (Fifth Circuit Court) Ronald and Gina Calisher v. James H. Pflueeer, et al_ Civ No 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 related matters This consultation involves consideration of the powers duties privileges inummities and/or liabilities of the Council and the County as they relate to this agenda item. ES-372 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) and (8) and Kauai County Charter §3 07(E) the purpose of this executive session is to consult with the Councils legal counsel to receive legal updates overviews and recommendations for purposes of obtaining Council approval of proposed settlement of a workers compensation claim, and evaluate employees ability to return to work. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as inter alia, it concerns significant privacy interests The significant privacy interests relate to a medical history diagnosis condition, treatment, or evaluation and which, pursuant to state or federal law including Health Insurance Portability and Accountability Act, are protected from disclosure. ES-373 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) and (8) and Kauai County Charter §3 07(E) the purpose of this executive session is to consult with the Council s legal counsel to receive legal updates overviews and recommendations for purposes of obtaining Council approval of proposed settlement of a workers compensation claim, and evaluate employees ability to return to work. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as inter alia, it concerns significant privacy interests The significant privacy interests relate to Council Meeting Agenda 8 January 14, 2009 a medical history diagnosis condition, treatment, or evaluation and which, pursuant to state or federal law including Health Insurance Portability and Accountability Act, are protected from disclosure. ES-374 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) and (8) and Kauai County Charter §3 07(E) the purpose of this executive session is to consult with the Councils legal counsel to receive legal updates, overviews and recommendations for purposes of obtaining Council approval of proposed settlement of a workers compensation claim, and evaluate employees ability to return to work. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as inter alia, it concerns significant privacy interests The significant privacy interests relate to a medical history diagnosis condition, treatment, or evaluation and which, pursuant to state or federal law including Health Insurance Portability and Accountability Act, are protected from disclosure. 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. 22,95 ABILL FOR AN ORDINANCE AMENDING CHAPTER 9, KAUAI COUNTY CODE 1Y87, RELATING TO ZONING DESIGNATIONINPOIPU RA UAY (Richard E. Fuller, Jr, et al., Applicant) Bill No. 2296 A BILL FOR AN ORDINANCE TO MEND !ORDINANCE NO B-2008-672y AS AAIENDED, RELATINGTO THE OPERATING BUDGET OF THE COUNTY" OF KALLA7, STATE OF HAWAII, FOR THE FISCAL YEAR JULY" 1 2008 THROUGH JUNE 30 20019, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Police Degartinent:.Il$65,000 for ConsoltatitSerciees and $20,000 forAdoertisirag) Bill No. 2297 A BILL FOR AN ORDINANCE MENDING C=HAPTER 5A, KAL'A7 COUNTY"--CODE 1987, AS AMENDED, RELATING TO KULEANA LAND 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 filedin 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 incompliance 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