HomeMy WebLinkAbout05-20-2009 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, MAY 20, 2009
9:00 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
Historic County Building
4396 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 April 29 2009
Council Meeting of May 6 2009
Public Hearing of May 6 2009 re Bill No 2310 Bill No 2311 and Resolution
No 2009-32
Special Council Meeting of May 13 2009
COMMUNICATIONS.
C 2009-175 Communication (02/04/2009) from the Chief of the Building Division,
transmitting a request to amend Ordinance No 857 by correcting
inadvertent errors (i.e typographical errors citation of sections etc.)
which would amend Chapter 12 of the Kauai County Code 1987
entitled Building Code. (See Proposed Draft Bill No. 2314)
C 2009-176 Communication (04/14/2009) from the Chief of the Building Division,
Department of Public Works transmitting for Council information, the
Building Permit Information Reports for March 2009 that includes the
following-
1) Building Permit Processing Report
2) Building Permit Estimated Value of Plans Summary
3) Building Permits Tracking Report
4) Building Permits Status
Council Meeting Agenda 2 May 20 2009
C 2009-177 Communication (04/27/2009) from the Director of Finance
transmitting for Council information the Period 9 Financial Reports -
Statement of Revenues as of March .31 2009 (Statement of
Revenues-Estimated and Actual, Statement of Expenditures and
Encumbrances, Revenue Report (Listing), and Detail Budget
Report on. file in. the County Clerk's Office.)
C 2009-178 Conununication (04/28/2009) from the Executive Assistant, Kauai
County Housing Agency transmitting a request to amend Chapter 6
Article 9 of the Kaua i County Code 1987 as Amended. (See
Proposed Draft Bill No. 2315)
C 2009-179 Communication (04/30/2009) from the Director of Finance
transmitting for Council information, supplemental information
pertaining to the estimated reduction in real property tax revenues as
a result of various tax relief measures enacted by the County Council.
C 2009-180 Certification (05/01/2009) by the Director of Finance of the 2009 Real
Property Assessment List within the County of Kauai. (Real
Property Assessment List 2009 on. file in. the County Clerk's
Office.)
C 2009-181 Conununication (05/01/2009) from the Planning Director transmitting
the Planning Commission s recommendation to amend Condition No
10 of Ordinance No PM-31-79 (Moana Corporation) as directed by
Condition No 2 of Ordinance No PM-2001-354 to obtain access to
Po ipu Road (Kiahuna Land Company and Po ipu Town Center LLC
Applicants) (Staff report and transcripts on file in the County
Clerk's Office.) (See Proposed Draft Bill No. 2316)
C 2009-182 Communication (05/04/2009) 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 791 (Reallocation of Present
Class of Fire Fighter to Fire Fighter Trainee)
• Fire Department, Position No 780 (Reallocation of Present
Class of Fire Fighter to Fire Fighter Trainee)
• Fire Department, Position No 776 (Reallocation of Present
Class of Fire Fighter to Fire Fighter Trainee)
Council Meeting Agenda .3 May 20 2009
C 2009-18.3 Communication (05/05/2009) from the Housing Director transmitting
for Council consideration a Resolution to authorize the filing of a
Substantial Amendment to the Kauai County 2008 Action Plan of the
5-Year Consolidated Plan to HUD to expend funds under Title YII of
the American Recovery and Reinvestment Act of 2009 Community
Development Block Grant Program - Recovery Act (CDBG-R) (See
Resolution. No. 2009-44)
C 2009-184 Communication (05/06/2009) from the Mayor submitting his
supplemental budget communication for Fiscal Year 2009-2010 and
proposed amendments to the budget bills
(Copy of file in. the County Clerk's Office. Public hearing
scheduled for 0512712009 at 8:30 a.m.)
C 2009-185 Communication (time stamped-05/05/2009) from the Director of
Finance transmitting for Council information, Statement of Condition
of the County Treasury as of March 24 2009
C 2009-186 Communication (04/30/2009) from the Fire Chief, requesting Council
approval to apply for receive, and expend $104,800 or 80% from the
Assistance to Fire Fighters Grant (AFG) to purchase a Combination
Fire Safety/Sprinkler House Trailer and the Kauai Fire Department
will be responsible for 20% or $26,200 for a total of $1.31000 which
include tax and shipping
C 2009-187 Conununication (04/30/2009) from the Prosecuting Attorney
requesting Council approval to expend $2,250 72 of their State Asset
Forfeiture Funds (Account #251-0401-51.3 62-01/Small Equipment,
Project A08101) for the purchase of six (6) file cabinets
C 2009-188 Conununication (05/08/2009) from Derek S.K. Kawakami, Hawaii
State Association of Counties (HSAC) Vice President, submitting for
Council approval the HSAC Fiscal Year 2009-2010 Proposed Annual
()perating Budget.
C 2009-189 Request (05/14/2009) from the Office of the County Attorney for
authorization to expend up to $250 000 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
Council Meeting Agenda 4 May 20 2009
C 2009-16.3 Communication (04/22/2009) from Councilmember Tim Bynum and
Councilmember Lani T Kawahara, requesting the Administration to
be present to give an update regarding the erosion and water safety
issues at Po ipu Beach. (Deferred 0510612009)
LEGAL DOCUMENT
C 2009-190 Communication (05/04/2009) from the Chief of Field Operations and
Maintenance, Public Works Department, requesting Council approval
to indemnify the Department of Hawaiian Home Lands and to execute
the First Amendment to Right-Of-Entry No .344 with the Department
of Hawaiian Home Lands in order to access their property for the
purpose of an emergency by-pass road allowing the public to traverse
the former Wailua cane haul road when Kuhio Highway is shut clown
due to a vehicular accident or emergency repairs
1) First Amendment to Right-Of-Entry Permit No 344
(ROE 344) by the Department of Hawaiian Home Lands
for granted use for the County of Kauai for the period of
five (5) years from April 22, 2009 through April 21 2014
CLAIMS
C 2009-191 Conununication (05/11/2009) from the County Clerk, transmitting a
claim filed against the County of Kauai by Caren F Diamond, for
damages to her vehicle, pursuant to Section 23 06 Charter of the
County of Kauai.
C 2009-192 Conununication (05/11/2009) from the County Clerk, transmitting a
claim filed against the County of Kaua i by Sherri Silva, for damages to
her vehicle, pursuant to Section 23 06 Charter of the County of Kaua i.
COMMITTEE REPORT
BUDGET & FINANCE COMMITTEE REPORT:
CR-B&F 2009-12: on 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 KAUAI
COUNTY ('ODE 1987 AS AMENDED RELATING
TO INCREASING THE PLAYING AND DRIVING
RANGE BALL TOKEN FEES AT THE WAILUA
GOLF COURSE
[Approved as Amended.]
Council Meeting Agenda 5 May 20 2009
RESOLUTION
Resolution No 2009-44 - RESOLUTION AUTHORIZING THE FILING OF A
SUBSTANTIAL AMENDMENT TO THE KAUAI COUNTY 2008 ACTION PLAN
OF THE 5-YEAR CONSOLIDATED PLAN WITH THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT UNITED STATES OF AMERICA, TO
EXPEND GRANT FUNDS UNDER TITLE XII OF THE AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009 COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM - RECOVERY ACT
BILLS FOR FIRST READING
Proposed Draft Bill No 2314 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 12 OF THE KAUAI COUNTY CODE-1987 ENTITLED BUILDING
CODE" (Copy on file in the County Clerk's Office.)
Proposed Draft Bill No 2315 - A BILL FOR AN ORDINANCE TO AMEND
ARTICLE 9 OF CHAPTER 6 KAUAI COUNTY CODE, 1987 AS AMENDED
RELATING TO THE HOUSING REVOLVING FUND
Proposed Draft Bill No 2316 - A BILL FOR AN ORDINANCE TO AMEND
ZONING CONDITION IN ORDINANCE NO PM-31-79 RELATING TO ZONING
DESIGNATION IN P(_YIPLT KAUAI (Kiahuna Land Company a Hawaii limited
partnership and Po ipu Town Center LLC Applicants)
BILLS FOR SECOND READING
Bill No 2308 Draft 1 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 19 ARTICLE 3 SUBSECTION 19-3.2 (b) AND SUBSECTION 19-3.2 (i)
OF THE KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO
INCREASING THE PLAYING AND DRIVING RANGE BALL TOKEN FEES AT
THE WAILUA GOLF COURSE (See CR-B&F 2009-12, 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.)
Council Meeting Agenda 6 May 20 2009
ES-384 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 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, 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 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-385 Pursuant to Haw.Rev.Stat. Sections 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 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.
ADJOURNMENT
Council Meeting Agenda 7 May 20 2009
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. 2812 9 BILL FOR AN ORDINANCE AMENDING CHAPTER I TA, IiALA7 COUNTY" CODE
1987 AS AMENDED, RELATING TO B US FARES FOR THE COZ NTY B Z,'S SYS THAI
Bill No. 2318 AN ORDINANCE AMENDING ORDINANCE NO. B-2009-672 AS AMENDED,
RELATING TO THE OPERATING BUDGET OF THE COUNTY OF IL4ZA7, STATE OF HAWAI7,
FOR THE FISCAL YEAR JULY 1, 2008 THROUGH JUNE 80, 2009, BY REL'ISING THE SURPLUS
AND r7PPROPRIATIONS'ESTINIATEDIN THE GENERAL FUND (Proseeiitirng Attorfley)
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