HomeMy WebLinkAbout02-11-2009 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, FEBRUARY 11, 2009
9:00 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
Historic County Building
4,396 Rice Street, Room 201
Lihu e, Iiaua i, Hawai i
MEETING CALLED TO ORDER.
ROLL CALL.
APPROVAL OF AGENDA.
MINUTES of the following meetings of the Council.
Special Council Meeting of January 27 2009 (Interviews)
Council Meeting of January 28 2008
COMMUNICATIONS.
C 2009-76 Communication (01/16/2009) from Jay Furfaro Council Vice Chair
requesting that the Administration be present to give an update on the
status of retaining an Interior Space Programming Consultant for
vacant interior areas within the Pi ikoi Building for the potential
relocation of the Iiaua i Historic Society into the Pi ikoi Building
C 2009-77 Communication (01/16/2009) from Jay Furfaro Council Vice Chair
requesting that the Administration be present to provide an update on
the efforts to address the flooding situation at Po ipu Beach Park which
should include but not be limited to short-term and long-term
recommendations to mitigate future flooding in the lifeguard area,
parking lot, and on County roads in the surrounding area, as well as
funding requirements to address this problem.
Council Meeting Agenda 2 February 11 2009
C 2009-78 Communication (01/21/2009) from the Executive Assistant, Kauai
County Housing Agency transmitting a resolution authorizing limited
exemption from Hawai i Revised Statutes Chapter 514B for Haoa
Street Affordable Housing Project (Kauai Lagoons LLC) and to
designate it as an experimental and demonstration housing project
pursuant to Section 46-15 H.R.S (See Resolution No. 2009-29)
C 2009-79 Conununication (01/26/2009) from the Director of Personnel,
transmitting for Council information, the second quarter report
(October-December 2008) relative to vacancies established positions
new hires reallocations and promotions (Report on. file in. the
County Clerk's Office.)
C 2009-62 Conununication (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. (Deferred 0112812009)
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/recommendations 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. (Deferred 0112812009)
C 2009-80 Communication (02/05/2009) from the Mayor requesting Council
confirmation of Amy Esaki as the County Attorney at the
February 11 2009 Council Meeting
LEGAL DOCUMENT
C 2009-81 Conununication (02/03/2009) from Max W.J Graham, Jr Belles
Graham Proudfoot Wilson & Chun, LLP requesting Council approval
of an assignment of guest house rights from unit C" to unit U at
Kilauea Bay Vistas Condominium, located on Lot 16 of the Wailapa
Subdivision, Kilauea, Kauai, Hawaii as follows
• Assignment of Guest House Rights unit C" (Kilauea Bay Vistas
Condominium) Tax Map Key No (4)-5-1-005016 (CPR No
0003) to unit D"(Kulauea Bay Vistas Condominium) Tax Map
Key No (4)-5-1-005016 (CPR No 0004) which is owned by
Kauai Public Land Trust. (Exhibits on. file in. the County
Clerk's Office)
Council Meeting Agenda .3 February 11 2009
CLAIMS
C 2009-82 Communication (01/22/2009) from the County Clerk, transmitting a
claim filed against the County of Kauai by Wendell T ( )kura for
damages to his vehicle pursuant to Section 23 06 Charter of the
County of Kauai.
C 2009-83 Communication (01/26/2009) from the County Clerk, transmitting a
claim filed against the County of Kaua i by Thomas George Associates
Ltd. as subrogee of American International Recovery for damages to a
vehicle owned by Shawn Silva, pursuant to Section 23 06 Charter of
the County of Kaua i.
C 2009-84 Communication (01/27/2009) from the County Clerk, transmitting a
claim filed against the County of Kaua i by Cushnie Construction
Company Inc. for reimbursement of costs incurred, pursuant to
Section 23 06 Charter of the County of Kaua i.
COMMITTEE REPORTS
BUDGET & FINANCE COMMITTEE REPORT:
CR-B&F 2009-02: on B&F 2009-1 Communication (1/29/2009) from ('ommittee Chair
Daryl W Kaneshiro, requesting that the Director of
Parks & Recreation provide an update on funding for
park facilities lighting retrofit project.
[Received for the record.]
PLANNING COMMITTEE REPORT:
CR-PL 2009-02: on Bill No 2295 A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5, KATTAI C'OTTNTY CODE 1957
RELATING TO ZONING DESIGNATION IN PU'IPLT
IiATTAI (RichardE Fuller Jr et al., Applicant)
[Approved.]
RESOLUTIONS
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) (Deferred pending inter ri,eu+ 0112812009)
Resolution No 2009-27 RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE POLICE COMMISSION (Charles Iona, First Term)
(Deferred pending interview 0112812009)
Council Meeting Agenda 4 February 11 2009
Resolution No 2009-29 RESOLUTION AUTHORIZING LIMITED
EXEMPTION FROM H.R.S CHAPTER 514B FOR HAOA STREET AFFORDABLE
HOUSING PROJECT
BILLS FOR SECOND READING
Bill No 2295 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 8
KAUAI COUNTY CODE 1987 RELATING TO ZONING DESIGNATION IN
P(_YIPLT KAUAI (Richard E. Fuller Jr et al. Applicant) (See CR-PL 2009-02,
Planning Committee recommended approval)
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.)
ES-377 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 for
the Council to receive a briefing from the Office of the County Attorney
and consult with legal counsel for the purposes of deliberating
deciding and authorizing a proposed settlement in Dominador Lopez,
et al., v. Countv of Kauai and Danilo Abadilla, Civ No 06-00325
JMS/KSC (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.
ADJOURNMENT
Council Meeting Agenda 5 February 11 2009
NOTE: If the Council is notfinished 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. 2299 AN ORDINANCE AZIIENDING ORDINANCE NO. B-2008-672 AS
AMENDED, RELATING TO THE OPERATING B ( `DGET OF THE CO( NTY OF K4 UA7, STATE
OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2008 THROUGH JUNE 30, 200Y, BI-REt ISING
THE SURPLUS ESTIVATED IN THE GENERAL FUND (Appropriation of $40,203 frone the
General Fund to Building Lease, Fire)
Bill No. 2300 AN ORDINANCE AMENDING ORDINANCE NO. B-2008-672 AS
.UIENDED, RELATING TO THE OPERATING B UDGET OF THE C'OLNTY OF K4 UA7, STATE
rOF HAWAII, FOR THE FISCAL YEAR JULY" 1, 2008 THROUGH JUNE 30, 200Y, BI-REt ISING
THE SURPLUS AND APPROPRIATIONS ESTIIZIATED IN THE GENERAL FUND ($833, 696 frond
the County's General Fund to the Golf Fund of $233,405 and Spicer Fund of $600,291)
Bill No. 2301 AN ORDINANCE AMENDING ORDINANCE NO. 13-2008-673 AS
.UIENDED, RELATING TO THE C.AFITAL BUDGET OF THE CO(NTY" OI? ILAUA7, STATE OF
HAW9I7, IFOR THE FISCAL IIYEAR JULY 1, 2008 THROUGH JUNE 30, 2009, BY REGISING THE I'
SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Work Force
In.itiatii,e (Fishbowl) Project) 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 ai!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