The URL can be used to link to this page

Home My WebLink About04-22-2009 COUNCIL AGENDA COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, APRIL 22, 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 April 8 2009 Special Council Meeting of April 8 2009 Public Hearing of April 8 2009 re. Bill No 2804 and Bill No 2305 COMMUNICATIONS. C 2009-150 Communication (03/25/2009) from the Mayor transmitting for Council consideration the Cost Control Commission s recommendations to amend Chapter 17A, Kauai County Code 1987 relating to bus fares for the County bus system. (See Proposed Draft Bill No. 2312) C 2009-151 Communication (04/01/2009) from the Chief of Wastewater Department of Public Works transmitting for Council consideration a Resolution to adopt the final Wailua Facility Plan dated September 2008 prepared for the County of Kauai, Department of Public Works Wastewater Management Division as the Wastewater System Facility Plan for the Wailua and Kapa a communities (See Resolution No. 2009-40) C 2009-152 Communication (04/01/2009) from the Chief of Wastewater Department of Public Works transmitting for Council consideration a Resolution to adopt the final Lihu e Facility Plan dated December 2008 prepared for the County of Kaua i, Department of Public Works Wastewater Management Division as the Wastewater System Facility Plan for the Lihu e and Hanama ulu communities (See Resolution. No. 2009-41) Council Meeting Agenda 2 April 22, 2009 C 2009-15.3 Communication (04/01/2009) from the Chief of Wastewater Department of Public Works transmitting for Council consideration a Resolution to adopt the final Ele ele Facility Plan dated July 2008 prepared for the County of Kaua i, Department of Public Works Wastewater Management Division as the Wastewater System Facility Plan for the Hanapepe and Ele ele communities (See Resolution. No. 2009-42) C 2009-154 Communication (04/01/2009) from the Chief of Wastewater Department of Public Works transmitting for Council consideration a Resolution to adopt the final Waimea Wastewater Treatment Plant Facility Plan dated January 28 2009 prepared for the County of Kauai, Department of Public Works Wastewater Management Division as the Wastewater System Facility Plan for the Waimea community (See Resolution No. 2009-43) C 2009-155 Communication (04/03/2009) from the Director of Finance transmitting for Council information the Period 8 Financial Reports - Statement of Revenues as of February 28 2009 (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 2009-156 Communication (04/03/2009) from the Prosecuting Attorney, transmitting a request to appropriate $8 059 from the surplus and appropriations estimated in the General Fund for additional expenses (See Proposed Draft Bill No. 2313) C 2009-157 Communication (04/09/2009) from the Director of Parks & Recreation, requesting agenda time to provide an update and status report on the County s bicycle/pedestrian pathway project Phase II - Kapa a Lihi to Kuna Bay C 2009-158 Request (04/14/2009) from the Office of the County Attorney for authorization to expend funds up to $50 000 to retain special counsel to represent County of Kauai in Margaret H. Sueoka v. County of Kauai, EEOC Charge No 486-2009-00268 and/or related matters and/or subsequent legal proceedings resulting in any way from this matter CLAIMS C 2009-159 Conununication (04/02/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Pacific Service & Development, Inc. dba Napa Auto Parts for damages to their vehicle pursuant to Section 23 06 Charter of the County of Kaua i. Council Meeting Agenda .3 April 22, 2009 C 2009-160 Communication (04/06/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Hope Puulani Stem for her son s medical expenses pursuant to Section 23 06 Charter of the County of Kauai. COMMITTEE REPORT ECONOMIC DEVELOPMENT/HOUSING COMMITTEE REPORTS: CR-EDH 2009-04: on EDH 2009-3 Communication (3/2/2009) from Committee Chair Dickie Chang, requesting that the Director 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 2009-05: on EDH 2009-4 Communication (3/2/2009) from Committee Chair Dickie Chang, requesting that the Director of Economic Development be present to provide a briefing on its partnership with the Kaua'i Visitors Bureau and Garden Island newspaper for a web-based advertising campaign to attract visitors to Kaua'i. [Received for the record.] PUBLIC WORKS/ELDERLY AFFAIRS COMMITTEE REPORT: CR-PWE 2009-01: on Bill No 2304 AN ORDINANCE AMENDING ORDINANCE NO B- 2008-672 AS AMENDED RELATING TO THE OPERATING BUDGET OF THE COUNTY OF IiATTAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2008 THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE SOLID WASTE FUND (Appropriation of $400 000 from the Solid Waste Fund to Other Supplies for purchase of 4,000 bins for the Automated Refuse Collection Program) [Approved.] RESOLUTIONS Resolution No 2009-38 - RESOLUTION REAPPOINTING A MEMBER TO THE HISTORIC PRESERVATION REVIEW COMMISSION (Council Appointee) (Dennis Alkire - Architecture Second Term) Resolution No 2009-39 - RESOLUTION REAPPOINTING A MEMBER To ) THE HISTORIC PRESERVATION REVIEW COMMISSION (Council Appointee) (Patricia W Sheehan - Architecture, Second Term) Resolution No 2009-40 - RESOLUTION TO ADOPT THE FINAL WAILUA FACILITY PLAN DATED SEPTEMBER 2008 PREPARED FOR THE COUNTY OF KAUAI DEPARTMENT OF PUBLIC WORKS WASTEWATER MANAGEMENT DIVISION AS THE WASTEWATER SYSTEM FACILITY PLAN FOR THE WAILUA AND KAPA A COMMUNITIES Council Meeting Agenda 4 April 22, 2009 Resolution No 2009-41 - RESOLUTION TO ADOPT THE FINAL LTHUE WASTEWATER FACILITY PLAN DATED DECEMBER 2008 PREPARED FOR THE COUNTY OF KAUAI DEPARTMENT OF PUBLIC WORKS WASTEWATER MANAGEMENT DIVISION AS THE WASTEWATER SYSTEM FACILITY PLAN FOR THE LIHUE AND HANAMAULU C( )MMUNITIES Resolution No 2009-42 - RESOLUTION TO ADOPT THE FINAL ELKELE FACILITY PLAN DATED JULY 2008 PREPARED FOR THE COUNTY OF KAUAI DEPARTMENT OF PUBLIC WORKS WASTEWATER MANAGEMENT DIVISION AS THE WASTEWATER SYSTEM FACILITY PLAN FOR THE HANAPEPE AND ELKELE COMMUNITIES Resolution No 2009-4.3 - RESOLUTION TO ADOPT THE FINAL WAIMEA WASTEWATER TREATMENT PLANT FACILITY PLAN DATED JANUARY 23 2009 PREPARED FOR THE COUNTY OF KAUAI DEPARTMENT OF PUBLIC WORKS WASTEWATER MANAGEMENT DIVISION AS THE WASTEWATER SYSTEM FACILITY PLAN FOR THE WAIMEA COMMUNITY BILLS FOR FIRST READING Proposed Draft Bill No 2312 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 17A, KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO BUS FARES FOR THE COUNTY BUS SYSTEM Proposed Draft Bill No 231.3 - AN ORDINANCE AMENDING ORDINANCE NO B-2008-672 AS AMENDED RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUA1, 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 (Prosecuting Attorney) BILLS FOR SECOND READING Bill No 2299 - 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 ESTIMATED IN THE GENERAL FUND (Appropriation of $40,20.3 from the General Fund to Building Lease, Fire) (Deferred 0312512009) Bill No 2304 - 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 AND APPROPRIATIONS ESTIMATED IN THE SOLID WASTE FUND (Appropriation of $400 000 from the Solid Waste Fund to Other Supplies for purchase of 4 000 bins for the Automated Refuse Collection Program) (See CR-PWE 2009-01, Public Works/Elderly Affairs Committee recommended approval) Council Meeting Agenda 5 April 22, 2009 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 §8 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-381 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4)(6) and (8) and Kaua i County Charter §8 07(E) the purpose of this executive session is to provide a Council briefing on Gerard R. Bosma, et al. v. James H. Pflueger, et al_ Civ No 08-1-0052 (Fifth Circuit Court) Ronald and Gina Calisher v. James H. Pflueger, et al., Civ No 07-1-0106 (Fifth Circuit Court) Bruce Fehring, Individuallv and as Special Administrator of the Estates of Aurora Fehring, et al. v. James H. Pflueger, et al., Civ No 06-1-0082 (Fifth Circuit Court) and Bette Midler, et al. v. James H. Pflueger, 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. ES-382 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 Margaret H. Sueoka v. County of Kauai, EEOC Charge No 486-2009-00268 and/or related matters and/or subsequent legal proceedings resulting in any way from this matter 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 Council Meeting Agenda 6 April 22, 2009 NOTE: If the Council' is not=- finished with this meeting by approximately 1:30 p.m., it will recess i' for public hearings on the following. After the public hearings, the Council will reconvene to 'complete any unfinished business. Bill No. 2305 AN ORDINANCE AMENDING ORDINANCE NO. B-2009-6,72 AS AMENDED, RELATING TO THE OPERATING B LT)GET OF THE COUNTY OF -,LA LAY, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2008 THROUGH JLTNE 30, 2009, BY REG7SING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($500,000 Kauai Visitors Buroau Economic Stimulus Grant)' Bill No. 2301 AN ORDINANCE AMENDING ORDINANCE NO. B-2009-6,72 AS AMENDED RELATING TO THE OPERATING BUDGET OF THE COUNTY OF Ii4 LiA7, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2008 THROUGH JLTNE 30, 2009, BY REWSING THE SURPLUS AND APPROPRIATION ESTIMATED IN THE GENERAL FUND($300,000 Consultant Sort,iccs-Special Coanscl) Bill No. 2308 A BILL FOR AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 3, SUBSECTION 19-3.2 (b) AND SUBSECTION 19-3 .2 (i) OF THE FALTA7 COUNTY CODE 1987, AS 4t11ENDED, RELATING TO INCREASING THE PLAYING AND DR[IING RANGE BALL TORN FEES AT-THE WAIL E4 GOLF COIRSE Bill No. 2309 A BILL FOR AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 21-9.2 OF THE AAL'A7 COUNTY CODE, 1987 RELATING TO INTEGRATED SOLID WASTE MANAGEMENT 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