HomeMy WebLinkAbout07-08-2009 COUNCIL AGENDA
COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, JULY 8, 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 June 10 2009
Council Meeting of June 16 2009
Public Hearing of June 16 2009 re Bills Nos 2314 2315 and 2316
COMMUNICATIONS.
C 2009-224 Communication (06/01/2009) from the Chief of the Building Division,
Department of Public Works transmitting for Council information, the
Building Permit Information Reports for May 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
C 2009-225 Communication (06/08/2009) 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.
• Finance Department, Position No 222 (Redescription - Review
of Real Property Appraiser V)
• Finance Department, Position No 216 (Redescription - Review
of Real Property Appraiser IV)
• Finance Department, Position 225 (Reallocation of Student
Intern to Tax Clerk)
Council Meeting Agenda 2 July 8 2009
C 2009-226 Communication (06/10/2009) 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.
• Finance Department, (New Position - Initial Allocation, IT
Specialist)
C 2009-227 Conununication (06/12/2009) from the Chief of Wastewater
Department of Public Works transmitting for Council consideration a
Resolution authorizing the Mayor or the Director of Finance of the
County of Kauai to enter into an Intergovernmental Agreement with
the State of Hawai i, Department of Health for a loan from the
American Recovery and Reinvestment Act of 2009 portion of the State
Water Pollution Control Revolving Fund for the Waimea Wastewater
Treatment Plant Expansion, Phase I, Project No ('150047-04 (See
Resolution No. 2009-45)
C 2009-228 Communication (06/16/2009) from the Director of Finance
transmitting for Council information the Period 10 Financial Reports -
Statement of Revenues as of April .30 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 2009-229 Communication (06/18/2009) from the Director of Personnel Services
transmitting for Council information an amended copy of the County of
Kauai s revised Personal Services Contract.
C 2009-280 Communication (06/24/2009) from Councilmember Derek S.K.
Kawakami, requesting agenda time for Paula L. Hartzell, Ph.D
Conservation Initiatives Coordinator Hawaii Division of Forestry and
Wildlife to present a briefing on the State Habitat Conservation Plan
(HCP)
C 2009-231 Conununication (05/11/2009) from the Housing Director requesting
Council approval to decline the repurchase of Unit No 63 Villas at
Puali, located in Puhi at 4024 Puali Place Lihu e, Kauai, Hawaii
96766 and permit market sale of the unit for a period of one-year
Council Meeting Agenda .3 July 8 2009
C 2009-282 Communication (05/28/2009) from the Fire Chief, requesting Council
approval to apply for receive and expend the Assistance to Fire
Fighters Grant (AFG) to purchase four (4) complete Portable Hydraulic
Extrication Systems in the amount of $81 112 which is 80% of the
grant and the remaining 10% or $20,278 will be from the Kauai Fire
Department s budget.
C 2009-28.3 Communication (06/04/2009) from the Fire Chief, requesting Council
approval to apply for receive and expend the Assistance to Fire
Fighters Grant (AFG) Fire Station Construction Grant, pursuant to
the American Recovery and Reinvestment Act of 2009 (ARRA) in the
amount of $5 000 000 which will defray the construction cost of the
new Kealia Fire Station if awarded.
C 2009-234 Conununication (06/22/2009) from the Prosecuting Attorney
requesting Council approval to
1) Apply for receive, and expend State funds for the continuation
of the Kauai Career Criminal Prosecution Program in the
amount of $117,272 and
2) Indemnify the State of Hawaii, Department of the Attorney
General.
The funding received will be expended on salaries and wages for the
Career Criminal Prosecution unit to continue the program for the
term commencing July 1 2009 through June .30 2010
C 2009-235 Communication (06/24/2009) from the Prosecuting Attorney
requesting Council approval to
1) Apply for receive and expend Federal Funds for the Kaua i
Victim of Crime Act (VOCA) Expansion Program, pursuant to
the American Recovery and Reinvestment Act of 2009 (ARRA) in
the amount of $34 461 and
2) Indemnify the State of Hawai i, Department of the Attorney
General.
The funding received will be expended on contract services for the
YWCA Kauai for the Sexual Treatment Program as well as the
Family Violence Shelter for the term commencing September 1 2009
up to August .31 2012
C 2009-236 Request (06/24/2009) from the Office of the County Attorney for
authorization to expend additional funds up to $100 000 for special
counsel to represent the County in 1000 Friends of Kauai, et al. v.
Department of Planning, et al. Civ No 07-1-0007 (Fifth Circuit
Court) Coconut Beach Development, LLC v. Countv of Kauai, et al.,
Civ No 07-1-0026 (Fifth Circuit Court) Coconut Plantation Holdings,
LLC v. Countv of Kauai, et al. Civ No 07-1-0027 (Fifth Circuit
Court) Coconut Beach Development LLC v. Brvan Baptiste, et al., Civ
No 08-00036 SOM/KSC (us District Court, District of Hawaii) and
associated matters
Council Meeting Agenda 4 July 8 2009
C 2009-237 Request (06/25/2009) from the Office of the County Attorney for
authorization to expend funds up to $75 000 for special counsel to
represent the Planning Department of the County of Kauai in
Planning Department of the County of Kauai vs. Patricia W. &
Michael G. Sheehan, Sr. Permit Numbers Special Management Area
Use, Permit SMA (U) 87-8 Use Permit U-87-32, Special Permit SP-87-
9 Class IV Zoning Permit Z-IV-87-40 (The Planning Commission of the
County of Kaua i, State of Hawai i) and related matters
C 2009-238 Communication (06/25/2009) from the Prosecuting Attorney
requesting Council approval to
1) Apply for receive and expend State Funds for the Kauai Victim
Witness Assistance Program, in the amount of $38,219 and
2) Indemnify the State of Hawai i, Department of the Attorney
General.
The funding received will be expended on salaries and fringes for the
Office of the Prosecuting Attorney Victim/Witness Program for the
term commencing July 1 2009 up through June 30 2010
C 2009-239 Communication (06/30/2009) from the Director of Parks & Recreation,
requesting Council approval to donate a set of two (2) wooden picnic
tables with an approximate value of $800 to the Salvation Army Lihu e
Corps to service the Kokua Soup Kitchen.
C 2009-202 Communication (05/08/2009) from the Housing Director requesting
Council approval to decline the repurchase of Unit No 602, Hookena at
Puhi, located at 2080 Manawalea Street, Lihu e, Kauai, Hawaii,
96766 and provide the owner with a one-year waiver of the resale
restriction. (Deferred 0611612009)
LEGAL DOCUMENT
C 2009-240 Communication (05/12/2009) from the Mayor recommending Council
approval of the following-
Deed by Port Allen Residential, LLC conveying to the County of
Kauai Roadway Lots 64 through 67 Port Allen Residential
Subdivision, Ele ele Kauai, for roadway purposes
Council Meeting Agenda 5 July 8 2009
C 2009-241 Communication (05/18/2009) from the Mayor recommending Council
approval of the following-
Dedication Deed by Canela Group LLC conveying to the County
of Kauai Roadway Lots 83-B-4 and 84-B-4 Canela Residential
Subdivision, Wainiha, Kauai, for roadway purposes
C 2009-242 Conununication (05/18/2009) from the Mayor recommending Council
approval of the following-
Dedication Deed by Grove Farm Properties Inc. conveying to
the County of Kauai Roadway Lots 1692 through 1699 incl.
Map 171 and Lots 1795 through 1801 incl. Map 175 Land
Court Application No 1087 (amended) Pikake Phases I and II,
Lihu e Kaua i, for roadway purposes
C 2009-24.3 Communication (06/23/2009) from the Executive on Transportation,
Transportation Agency transmitting for Council approval a
recommendation to indemnify the landowners to establish bus stops on
their property as follows
• Right-of-Entry Agreement by and between Hyatt Corporation,
as agent of Kawailoa Development, a Hawaii general
partnership dba Grand Hyatt Kauai Resort and Spa and the
County of Kauai for the Kauai Bus to establish a bus stop for
picking up and dropping off of passengers on their premises
located by the guest check-in entrance on the west side of the
property
CLAIMS
C 2009-244 Communication (06/15/2009) from the County Clerk, transmitting a
claim filed against the County of Kaua i by State Farm Mutual
Automobile Insurance Company as subrogee for Brigetta Walsh, for
damages to her vehicle, pursuant to Section 23 06 Charter of the
County of Kauai.
C 2009-245 Conununication (06/24/2009) from the County Clerk, transmitting a
claim filed against the County of Kaua i by Charles M. Saiki, for
damages to his vehicle pursuant to Section 23 06 Charter of the
County of Kauai.
Council Meeting Agenda 6 July 8 2009
C 2009-246 Communication (06/24/2009) from the County Clerk, transmitting a
claim filed against the County of Kauai by DTG Operations Inc. (DBA
Dollar Rent-A-Car) for damages to their vehicle, pursuant to Section
23 06 Charter of the County of Kauai.
COMMITTEE REPORTS
ECONOMIC DEVELOPMENT/HOUSING COMMITTEE REPORTS:
CR-EDH 2009-06: on EDH 2009-5 Communication (6/16/2009) from GJeorge Costa,
Director of the Office of Economic Development,
requesting agenda time to provide an update on the
Kilauea Irrigation Water Engineering Design and
Monitoring Study
[Received for the record.]
CR-EDH 2009-07 on Bill No 2315 A BILL FOR AN ORDINANCE TO AMEND
ARTICLE 9 OF CHAPTER 6, KAUAI COUNTY
DUDE, 1987 AS AMENDED RELATING TO THE
HOT TSING REVOLVING FUND
[Approved.]
PLANNING COMMITTEE REPORT:
CR-PL 2009-05: on Bill No 2316 A BILL FOR AN ORDINANCE TO AMEND ZONING
CONDITION IN ORDINANCE NO PM-10179,
RELATING TO ZONING DESIGNATION IN PO'IPLT
KATTAI (Kiahuna Land Company a Hawaii limited
partnership and Poipu Town Center LL('
Applicants)
[Approved.]
PUBLIC WORKS/ELDERLY AFFAIRS COMMITTEE REPORTS:
CR-PWE 2009-02: on PWE 2009-1 Communication (5/18/2009) from Councilmember
Dickie Chang requesting agenda time for Sue
Briggum of Waste Management to do a presentation
on Environmental Justice and its impact on the
(_',ountvs future plans relating to Solid Waste and
Landfills.
[Received for the record.]
CR-PWE 2009-03: on Bill No 2314 A BILL FOR AN ORDINANCE AMENDING
CHAPTER 12 OF THE KATTAI COUNTY CODE
1987 ENTITLED BUILDING ('ODE"
[Approved.]
Council Meeting Agenda 7 July 8 2009
RESOLUTIONS
Resolution No 2009-45 - RESOLUTION AUTHORIZING THE MAYOR OR
THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI TO ENTER INTO
AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAII,
DEPARTMENT OF HEALTH FOR A LOAN FROM THE AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009 PORTION OF THE STATE WATER
POLLUTION CONTROL REVOLVING FUND FOR THE WAIMEA
WASTEWATER TREATMENT PLANT EXPANSION PHASE I, PROJECT
NO 0150047-04
BILLS FOR SECOND READING
Bill No 2314 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 12
OF THE KAUAI COUNTY CODE - 1987 ENTITLED BUILDING CODE" (See
CR-PWE 2009-03; Public Works/Elderly Affairs Committee recommended
approval.)
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 (See CR-EDH 2009-07; Economic
Development/Mousing Committee recommended approval.)
Bill No 2316 - A BILL FOR AN ORDINANCE TO AMEND ZONING
CONDITION IN ORDINANCE NO PM-31-79 RELATING TO ZONING
DESIGNATION IN PO`IPU KAUAI (Kiahuna Land Company a Hawaii limited
partnership and Po ipu Town Center LLC Applicants) (See CR-PL 2009-05;
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.)
Council Meeting Agenda 8 July 8 2009
ES-390 Pursuant to Haw.Rev Stat. §§92-4 and 92-5(a)(4) (6) and (8) and
Kauai County Charter section 3 07(E) the purposes of this executive
session are to provide Council a briefing update and to request
authority relating to possible settlement proposal(s) in the cases of
1000 Friends of Kauai, et al. v. Department of Planning, et al. Civ
No 07-1-0007 (Fifth Circuit Court) Coconut Beach Development, LLC
v. Countv of Kauai, et al., Civ No 07-1-0026 (Fifth Circuit Court)
Coconut Plantation Holdings, LLC v. Countv of Kauai, et al. Civ No
07-1-0027 (Fifth Circuit Court) Coconut Beach Development LLC v.
Brvan Baptiste, et al., Civ No 08-00086 SOM/KSC (U.S District
Court, District of Hawaii) 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.
ES-391 Pursuant to Haw.Rev Stat. §§92-4 and 92-5(a)(4) (6) and (8) and
Kauai County Charter section .3 07(E) the purpose of this executive
session is to provide the Council a briefing on Planning Department of
the Countv of Kaua i vs. Patricia W. & Michael G. Sheehan, Sr. Permit
Numbers Special Management Area Use, Permit SMA (U) 87-8 Use
Permit U-87-32, Special Permit SP-87-9 Class IV Zoning Permit Z-IV-
87-40 (Planning Commission of the County of Kaua i, State of Hawai i)
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
Council Meeting Agenda 9 July 8 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. 2291 A BILL FOR AN ORDINANCE AMENDING SECTIUN 8 21.1, hALAI
COUNTYCODE 198-1 AS AMENDED, RELATING TO THE COtl1PREHENS11E ZONING
ORDINANCE (Finns)
Bill No. 231 7 A BILL FOR AN ORDINANCE To ESTABLISH A-NEW ARTICLE 28,
CHAPTER 8, IsAL AI COUNTY CODE 1,987, RELATING TO SMALL WIND ENERGY"
CONVERSION SYSTEMS
Bill No. 2818 A BILL FOR AN ORDINANCE TO AMEND CHAPTER _8, KAEA7 COUNTY
CODE 1987 RELATING TO THE COAIPREHENSI ~E ' ZONING'- ORDINANCE (Farm Worhor
Housing)
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