HomeMy WebLinkAbout02-25-2009 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, FEBRUARY 25, 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.
Special Council Meeting of February 4 2009 (Interviews)
Public Hearing of February 11 2009 re Bills Nos 2299 2800 and 2301
Council Meeting of February 11 2009
COMMUNICATIONS.
C 2009-85 Communication (01/22/2009) from the Director of Finance, submitting
Corrective Action Plans in response to the findings outlined in the
two (2) audit reports as follows
1) County of Kauai - Single Audit Reports for the year ended
June .30 2008 (Finding No 08-01 Grants Management, Finding
No 08-02 (quarterly Progress and Expenditure Reports Finding
No 08-08 Suspension and Debarment, Finding No 08-04
Eligibility Finding No 07-09 Grants Management, and Finding
No 07-13 Section 8 Housing Choice Voucher Program)
2) County of Kaua i - Recommendations Designed to Improve
Internal Accounting Controls and Administrative Efficiency for
the year ended June 30 2008
Council Meeting Agenda 2 February 25 2009
C 2009-86 Communication (01/28/2009) from the Planning Director transmitting
the Planning Commissions recommendation to approve amendments
to Ordinance No PM-2002-358 and to deny the Applicant s request to
delete Condition #14 of said Ordinance relating to zoning designation
in Waimea, Kauai (Iukiaola Land Company Applicant) (Draft bill,
staff report, and transcripts on. file in. the County Clerk's
Office.) (See Proposed Draft Bill No. 2303)
C 2009-87 Conununication (02/06/2009) from the Director of Personnel Services
transmitting for Council information, the following classification
request which the Department of Personnel Services will be reviewing
and taking appropriate action.
• Department of Parks & Recreation, Position No 1898
(Reallocation of Present Class of Recreation Assistant to
Recreation Worker I)
C 2009-88 Communication (02/10/2009) from the Director of Finance
transmitting for Council information, the Statement of Condition of
the County Treasury as of December 29 2008
C 2009-89 Communication (02/13/2009) from the Mayor transmitting for Council
confirmation, his appointment of the following-
. Jan Roy Kimura (Labor Appointee) -Planning Commission-First Term
(See Resolution. No. 2009-30)
C 2009-90 Conununication (01/16/2009) from the Executive Assistant, Kauai
County Housing Agency requesting Council review and approval of
the Proposed Revisions to the County s Limited Equity Leasehold
Program Policy
C 2009-91 Conununication (01/20/2009) from the Chief of Police, requesting
Council approval to expend approximately $7,500 from the Kauai
Police Departments asset forfeiture account to purchase 90 digital
voice recorders for their patrol and traffic personnel.
C 2009-92 Conununication (01/22/2009) from the Chief of Police, requesting
Council approval to accept the donation of a bulletin board and twenty
(20) picture frames valued at $478.96 from the Bread for the Journey
of Kauai organization which will be used at the Hanalei station to
display memorandums and materials that require posting and picture
frames will be used to display photographs of past and present Hanalei
station personnel.
Council Meeting Agenda .3 February 25 2009
C 2009-93 Communication (01/26/2009) from the Director of Parks & Recreation,
requesting Council approval to purchase new aluminum soccer goals
for various County parks islandwide.
C 2009-94 Communication (02/05/2009) from the Prosecuting Attorney
requesting Council approval to expend $3 75.3 10 of State Asset
Forfeiture Funds (Account # 251-0401-513 62-01/Small Equipment,
Project A08101) for the purchase and installation of partitions in order
to reconfigure their office space to become more efficient and
productive
C 2009-95 Conununication (02/11/2009) from the Mayor requesting Council
approval to apply for receive, and expend Federal funds in the amount
of $59 575 for the Office on Violence Against Women (()VW) which
funds will be utilized to train the Sexual Assault Response Team
(SARI) members which will commence on August 1 2009 through
July 31 2011 (Report on file in the County Clerk's Office.)
C 2009-96 Communication (02/12/2009) from the Mayor requesting Council
approval to apply for receive, and expend Federal funds in the amount
of $31.3 950 for the Strategic Prevention Framework-State Incentive
Grant (SPF-SIG) which will be utilized to carry out the first three (8)
year Strategic Prevention Framework steps of assessment, capacity
building and planning to prevent underage alcohol consumption by
youth ages 12 to 17 years old.
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 Kaua i Historic Society into the Pi ikoi Building
(Deferred 211112009)
Council Meeting Agenda 4 February 25 2009
LEGAL DOCUMENT
C 2009-97 Communication (01/29/2009) from the Mayor recommending Council
approval for Ele ele Luna I Subdivision which will consolidate a
portion of Mehana Road and Lot 10 and Subdivision of Said
Consolidation into Lots 1 to 20 Inclusive and Designation of
Easements AU-1, AU-2 W-1 G-1 E-1 and E-2 Being Portion L.C
Award 7712:5 Ele ele Wahiawa, Koloa, Kauai, Hawaii (S-2004-29
Kaua i Habitat for Humanity)
• (quitclaim & Warranty Deed (between Applicant and County)
facilitates land exchange between Subdivider and County as
follows
1) Dedication of two (2) roadway lots to the County of Kauai
to accommodate roadway widening improvements to
Mehana Road, and
2) Applicant acquires a portion of the Mehana Road right-of-
way that was abandoned through Resolution No 2006-17
• Dedication Deed (from Applicant) conveying a roadway lot
(Lot 19) to the County of Kauai for roadway improvements to
Mehana Road.
CLAIMS
C 2009-98 Conununication (02/12/2009) from the County Clerk, transmitting a
claim filed against the County of Kaua i by Elga S Peahu for damages
to her personal property pursuant to Section 23 06 Charter of the
County of Kauai.
COMMITTEE REPORTS
BUDGET & FINANCE COMMITTEE REPORTS:
CR-B&F 2009-03: on Bill No 2300 AN ORDINANCE AMENDING ORDINANCE NO 13-
2005-672 AS AMENDED RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF
KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2005 THROUGH JUNE 30, 2009, BY
REVISING THE SURPLUS AND APPROPRIATIONS
ESTIMATED IN THE GENERAL FUND ($833,696
from the (luuntys (general Fund to the Gulf Fund of
$233,405 and Sewer Fund of $600,291)
[Approved.]
CR-B&F 2009-04: on Bill No 2301 AN ORDINANCE AMENDING ORDINANCE NO 13-
2008-673 AS AMENDED RELATING TO THE
CAPITAL BUDGET OF THE COUNTY OF KAUAI,
STATE OF HAWAI I, 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)
[Approved.]
Council Meeting Agenda 5 February 25 2009
ECONOMIC DEVELOPMENT/HOUSING COMMITTEE REPORTS:
CR-EDH 2009-01: on EDH 2009-1 ('ommunication (2/5/2009) from ('ommittee Chair
Chang, requesting that the Director of the Office of
Economic Development be present to provide an
update on its activities relating to the upcoming
Kaua'i Marathon, and to hear from Bob Craver
Director of the Kaua'i Marathon.
[Received for the record.]
CR-EDH 2009-02: on EDH 2009-2 Communication (2/3/2009) from Committee Chair
Chang, requesting that the Director of the Office of
Economic Development be present to provide a
briefing on the partnership among the Office of
Economic Development, the Kaua'i Visitors Bureau
and The Garden Island newspaper for a web-based
advertising campaign to attract visitors to Kaua'i.
[Received for the record.]
PUBLIC SAFETY/ENERGY/INTERGOVERNMENTAL RELATIONS
COMMITTEE REPORTS:
CR-SEI 2009-02: on SEI 2009-2 Communication (2/3/2009) from Committee Chair
Kawakami, requesting that the President and CEO of
Kaua'i Island iTtility Cooperative (I~IiT(") be present
to explain their efforts in a Kaua'i Habitat
Conservation Plan and KIU(_"s current renewable
energy projects.
[Received for the record.]
CR-SEI 2009-03: on SEI 2009-1 Communication (2/2/2009) from Committee Chair
Kawakami, requesting that the Director of Parks &
Recreation be present to provide an update and
comprehensive overview of the County s Habitat
Conservation Plan which should include, but not be
limited to, steps for dealing with Shearwaters, the
areas that are affected, the process to follow when
constructing new improvements, financial impacts, if
any etc.
[Received for the record.]
RESOLUTIONS
Resolution No 2009-30 RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE PLANNING COMMISSION (Jan Roy Kimura, Labor
Appointee, First Term)
Council Meeting Agenda 6 February 25 2009
BILLS FOR FIRST READING
Proposed Draft Bill No 2303 - A BILL FOR AN ORDINANCE AMENDING
ZONING CONDITION IN ORD NO PM-2002-358 RELATING TO ZONING
DESIGNATION IN WAIMEA, KAUA I (Kildaola Land Company Applicant)
BILLS FOR SECOND READING
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)
(See CR-B&F 2009-03, Budget & Finance Committee recommended
approval)
Bill No 2301 - AN ORDINANCE AMENDING ORDINANCE NO B-2008-673
AS AMENDED RELATING TO THE CAPITAL 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 (Work Force Initiative (Fishbowl) Project)
(See CR-B&F 2009-04, Budget & Finance 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 Clerks Office Discussions held in
Executive Session are closed to the public.)
ES-378 Pursuant to Haw.Rev Stat. §§92-4 and 92-5(a)(4) and (6) 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 and discuss the area known as Queens Bath or Kaimaumau
and related matters The discussion and consultation involves
consideration of the powers, duties privileges immunities and/or
liabilities of the Council and the County and to consider sensitive
matters related to public safety or security as it relates to this agenda
item.
Council Meeting Agenda 7 February 25 2009
ES-379 Pursuant to Haw.Rev Stat. §§92-4 and 92-5(a)(3) and (7) and Kauai
County Charter §3 07(E) the purpose of this executive session is to
provide Council an opportunity to deliberate and discuss the possible
acquisition of property located in Hanalei, adjacent to Black Pot Beach
Park, TMK 4-5-5-001.011 The discussion and consultation involves the
negotiation and deliberation of the possible acquisition of public
property as it relates to this agenda item.
ES-380 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4)(6) and (8) and Kaua i
County Charter §3 07(E) the purpose of this executive session is to
provide a Council briefing update and to request authority relating to
possible settlement proposals in 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 immunities and/or
liabilities of the Council and the County as they relate to this agenda
item.
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. 2302 AN ORDINANCE AMENDING ORDINANCE NO. B 2008- 73 AS
AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF
HAWAI7, FOR THE FISCAL YEAR JULY" 1, 2008 THROUGH JUNE 30, 2009, BY"REVISING THE
SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($900;000 Neu
Kapa'alKealia Fire Station Off-Site Waterline)
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