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Home My WebLink About01-28-2009 COUNCIL AGENDA COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, JANUARY 28, 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. Council Meeting of December 17 2008 Council Meeting of January 14 2009 Public Hearing of January 14 2009 re Bills Nos 2295 2296 and 2297 COMMUNICATIONS. C 2009-55 Communication (09/11/2008) 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. • Department of Public Works Position No 1930 and Position No 1931 (Present Class of Equipment Operator III to Landfill Operator III) • Department of Water Position No 24.39 (Redescription Review of Equipment Operator II) • Office of the County Attorney Position No 126 (Present Class of Legal Clerk III to Legal Clerk I) C 2009-56 Communication (12/04/2008) from Councilmember Daryl W Kaneshiro requesting that the Administration be present to give an update on the County s Habitat Conservation Plan which should address the steps that need to be taken in dealing with Shearwaters Council Meeting Agenda 2 January 28 2009 C 2009-57 Communication (12/30/2008) from the Mayor transmitting for Council confirmation, his re-appointments of the following- Richard Koenig Jr Board of Review (RPT) Second Term Sherman Shiraishi Charter Review Conunission Second Term Lorna Nishimitsu Cost Control Conunission Second Term Sandy Sterker Cost Control Commission Second Term Wayne Mukai Fire Commission Second Term George Simpson Fire Commission Second Term Clifford Nakea Liquor Control Commission Second Term Thomas Iannucci Police Conunission Second Term Alfred Nebre Police Conunission Second Term Randy Hee Salary Commission Second Term Tom Cooper Salary Conunission Second Term Trinette Kam Salary Conunission Second Term (See Resolutions Nos. 2009-06 through 2000-17) C 2009-58 Communication (12/30/2008) from the Mayor transmitting for Council confirmation, his appointments of the following- Rolf Bieber Board of Ethics Partial Term Paul Weil Board of Ethics First Term Sonny Gerardo Board of Review (RPT) First Term Craig DeCosta Board of Review (RPT) First Term Carol Ann Davis Charter Review Commission Partial Term Carol Suzawa Charter Review Commission First Term Cathy Adams Civil Service Commission First Term Gary Pacheco Liquor Control Commission First Term Hartwell Blake Planning Conunission First Term Charles Iona Police Commission First Term (See Resolutions Nos. 2009-18 through 2009-27) C 2009-59 Communication (01/02/2009) from the Purchasing & Assistant Contracts Administrator transmitting for Council information, the Fiscal Year 08/09 Second (quarter Statement of Equipment Purchases (Report on. file in. the County Clerk's Office.) C 2009-60 Conununication (01/05/2009) from the Chief, Building Division, Department of Public Works transmitting for Council information, the Building Permit Information Reports for December 2008 that includes the following items 1) Building Permit Processing Report 2) Building Permit Estimated Value of Plans Sununary 3) Building Permits Tracking Report 4) Building Permits Status Council Meeting Agenda .3 January 28 2009 C 2009-61 Communication (01/12/2009) from the County Engineer transmitting a request to transfer $900 000 from the County s General Fund (CIP) to the New Kapa a/Kealia Fire Station for construction for an off-site waterline (See Proposed Draft Bill No. 2302) C 2009-62 Communication (01/15/2009) from Council Vice Chair Jay Furfaro requesting that the Administration be present to give an update on the County s efforts to address the hazardous conditions at Queen s Bath and the path easement. C 2009-63 Conununication (01/15/2009) from Council Vice Chair Jay Furfaro requesting that the Administration be present to give an update and overview of the Kilauea Agricultural Park Project which should include, but not be limited to the work/reconunendations prepared by the projects consultants projected cost of the infrastructure improvements plan for financing the improvements projected timeline for the different phases of the project, etc. C 2009-64 Conununication (01/20/2009) from Jennifer Luck, Executive Director Kauai Public Land Trust, seeking $2,000 000 in funds from the County of Kauai to acquire a parcel adjacent to Black Pot Park in Hanalei which is currently owned by Mr John Hodge (Tax Map Key No 4-5-5-001011) C 2009-65 Communication (01/21/2009) from Councilmember Tim Bynum, transmitting a resolution to urge the Governor of the State of Hawaii and the State Legislature to continue funding and restoring full funding for the Hawaii Healthy Start (HHS) program. (See Resolution. No. 2009-28) C 2009-66 Communication (12/17/2008) from the Chief of Police, requesting Council approval to accept a $500 monetary donation from Mrs Clorinda Nakashima to express her gratitude for the Departments response to her call on September 15 2008 which funds will be used for the KPAL program. C 2009-67 Conununication (12/17/2008) from the Chief of Police, requesting Council approval to indemnify service agreements with Lexis Nexus (Accurrint for Law Enforcment) Experian (Credit Profile Report) and Locate Plus (Entersect Police On Line) to access their online databases which will facilitate the background and missing persons investigation process Council Meeting Agenda 4 January 28 2009 C 2009-68 Communication (01/12/2009) from the Treasurer Department of Finance, requesting Council approval to receive and expend approximately $7 099 for computerization (a dedicated server operating system, virus protection, etc.) to support two (2) Automated Driver License Testing System (ADLTS) kiosks from the Department of Transportation for commercial driver testing purposes C 2009-69 Request (01/16/2009) from the Office of the County Attorney requesting approval to expend up to an additional $75 000 for special counsels continued representation in Dominador Lopez, et al., v. Countv of Kauai and Danilo Abadilla, Civ No 06-00325 JMS/KSC (U S District Court, District of Hawai i) and related matters C 2009-70 Request (01/16/2009) from the Office of the County Attorney for authorization to expend funds up to $25 000 to retain special counsel to represent County of Kaua i in Debra Santiago as Next Friend for Sienna Santiago, A Minor, v. Countv of Kauai, et al. Civ No 08-1- 0210 (Fifth Circuit Court) and related matters C 2009-71 Conununication (01/20/2009) from the Prosecuting Attorney requesting Council approval for the Director of Finance to create a new Operating Account for Collection and Expenditure of Discovery Document Billing Fees to offset various operating expenses (such as paper copy machine toner etc.) as of January 1 2009 LEGAL DOCUMENT C 2009-72 Communication (01/06/09) from the Executive on Transportation, requesting Council approval to indemnify Central Pacific Bank for the acceptance of fees from the County s armored car service provider- Armored Car Messenger Service Agreement to Deliver Bags to and from Central Pacific Bank with Elyte Pacific Services C 2009-73 Conununication (01/15/2009) from the Mayor requesting Council approval to obtain a portion of KMN LLC Hawaii Limited Liability Company for roadway widening (TMK (4) 4-1-006016) as follows • Dedication Deed from KMN LLC Hawaii Limited Liability Company to the County of Kauai which conveys a roadway lot (Lot 19-C) for roadway widening purposes • Addendum to Dedication Deed from KMN LLC Hawai i Limited Liability Company to the County of Kauai which also includes removing or altering any encroachments that may exist on Lot 19-C Council Meeting Agenda 5 January 28 2009 CLAIMS C 2009-74 Communication (01/12/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Lydia Carveiro for medical expenses pursuant to Section 23 06 Charter of the County of Kauai. C 2009-75 Communication (01/14/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Marv Rohrer for property damage, theft and burglary losses travel expenses and loss of salary pursuant to Section 23 06 Charter of the County of Kaua i. COMMITTEE REPORTS BUDGET & FINANCE COMMITTEE REPORT: CR-B&F 2009-01: on Bill No 2297 A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO KULEANA LAND [Approved.] PUBLIC SAFETY/ENERGY/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-SEI 2009-01: on Bill No 2296 A BILL FOR AN ORDINANCE TO AMEND 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 (Police Department: $65 000 for Consultant Services and $20 000 for Advertising) [Approved as amended.] RESOLUTIONS Resolution No 2009-06 RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE BOARD OF REVIEW (Richard Koenig Jr Second Term) Resolution No 2009-07 RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE CHARTER REVIEW COMMISSION (Sherman Shiraishi, Second Term) Council Meeting Agenda 6 January 28 2009 Resolution No 2009-08 RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE COST CONTROL COMMISSION (Lorna A. Nishimitsu, Second Term) Resolution No 2009-09 RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE COST CONTROL COMMISSION (Sandy Sterker Second Term) Resolution No 2009-10 RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE FIRE COMMISSION (Wayne Mukai, Second Term) Resolution No 2009-11 RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE FIRE COMMISSION (George Simpson, Second Term) Resolution No 2009-12 RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Clifford L. Nakea, Second Term) Resolution No 2009-1.3 RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE POLICE COMMISSION (Thomas Iannucci, Second Term) Resolution No 2009-14 RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE POLICE COMMISSION (Alfred Nebre Jr Second Term) Resolution No 2009-15 RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE SALARY COMMISSION (Randy J Hee, Second Term) Resolution No 2009-16 RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE SALARY COMMISSION (Tom Cooper Second Term) Resolution No 2009-17 RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE SALARY COMMISSION (Trinette P Kam, Second Term) Council Meeting Agenda 7 January 28 2009 Resolution No 2009-18 RESOLUTION AMENDING RESOLUTION NO 2007-49 AS AMENDED BY RESOLUTION NO 2008-05 TO REPLACE AND CONFIRM THE APPOINTMENT OF A MAYORAL APPOINTEE TO THE BOARD OF ETHICS (Rolf Bieber Partial Term) Resolution No 2009-19 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF ETHICS (Paul Weil, First Term) Resolution No 2009-20 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF REVIEW (Cayetano `Sonny Gerardo First Term) Resolution No 2009-21 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF REVIEW (Craig DeCosta, First Term) Resolution No 2009-22 RESOLUTION AMENDING RESOLUTION NO 2007-65 TO REPLACE AND CONFIRM THE APPOINTMENT OF A MAYORAL APPOINTEE TO THE CHARTER REVIEW COMMISSION (Carol Ann Davis Partial Term) Resolution No 2009-23 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CHARTER REVIEW COMMISSION (Carol Suzawa, First Term) Resolution No 2009-24 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CIVIL SERVICE COMMISSION (Cathy Adams First Term) Resolution No 2009-25 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Gary Pacheco First Term) Resolution No 2009-26 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE PLANNING COMMISSION (Hartwell Blake First Term) Resolution No 2009-27 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE POLICE COMMISSION (Charles Iona, First Term) Council Meeting Agenda 8 January 28 2009 Resolution No 2009-28 RESOLUTION TO URGE THE GOVERNOR OF THE STATE OF HAWAII AND THE STATE LEGISLATURE TO CONTINUE FUNDING AND RESTORE FULL FUNDING FOR THE HAWAII HEALTHY START PROGRAM BILLS FOR FIRST READING Proposed Draft Bill No 2302 - 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 ($900 000-New Kapa a/Kealia Fire Station Off-Site Waterline) BILLS FOR SECOND READING Bill No 2297 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO KULEANA LAND (See CR-B&F 2009-01 Budget & Finance Committee recommended approval) Bill No 2296 Draft 1 - A BILL FOR AN ORDINANCE TO AMEND 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 (Police Department: $65 000 for Consultant Services and $20 000 for Advertising) (See CR- SEI 2009-01 Public Safety/Energy/Intergovernmental Relations Committee recommended approval as amended) 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 Kaua i County Charter §3 07E. (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-375 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 briefing on the lawsuit filed against the County of Kauai in Dominador Lopez, et al., v. Countv of Kaua i and Danilo Abadilla, Civ No 06- 00325 JMS/KSC (U.S District Court, District of Hawaii) and related Council Meeting Agenda 9 January 28 2009 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-376 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 Debra Santiago as Next Friend for Sienna Santiago, A Minor, v. County of Kauai, et al., Civ No 08-1-0210 (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. ADJOURNMENT 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