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Home My WebLink About09-05-2007COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, SEPTEMBER 5, 2007 9:00 A.M. OR SOON THEREAFTER Cc_)UNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu`e, Iiaua`i, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the followine meetines of the Council: Mid-Month Meeting of August 22, 2007 C(_)MMUNICATI(_)NS: C 2007-292 Request (07/30/2007) from the Office of the County Attorney for authorization to upend up to $75,000.00 for special counsel to represent the County defendants in Koloa Marketplace, LLC vs. County of Iiaua`i, et al., Civ. No. 06-00570 HG/BMIi (U.S. District Court, District of Hawaii) and related matters. (Defer~r~ed 08/08/2007) C 2007-312 Communication (08/09/2007) from the Chief, Engineering Division, Department of Public Works, transmitting for Council action, a traffic resolution establishing school bus stops at various roads in Waimea. (See Resoluti.oiti No. 2007-85) C 2007-313 Commnunication (08/09/2007) from the Chief, Engineering Division, Department of Public Works, transmitting for Council action, a traffic resolution establishing a school bus stop on Laule`a Road, Iioloa District. (See Resoluti.oiti No. 2007-86) C 2007-314 Commnunication (08/24/2007) from the Director, Department of Parks and Recreation, transmitting for Council action, a bill amending Chapter 23, Article 3, I~aua`i County Code 1987, relating to Peddlers and Concessionaires. (See Proposed Draft Bill No. 2236) Council Meeting Agenda 2 September 5, 2007 (~' 2007-315 Commnunication (08/07/2007) from the Acting Chief of Police, transmitting for Council information, procedures that are being implemented to address the outstanding felony bench warrants issue. C 2007-316 Communication (08/08/2007) from the Chief, Building Division, Department of Public Works, transmitting for Council information, the Building Permit Information Report for July 2007 that includes the following items: 1. Building Permit Processing Report 2. Building Permit Estimated Value of Plans Summary 8. Building Permits Tracking Report 4. Building Permits Status (~' 2007-317 Commnunication (08/15/2007) from the Accounting Systems Administrator, Department of Finance, transmitting for Council information the annual certified physical inventory reports for the fiscal year ending June 30, 2007. (Reports oiti file iati tltie Couitity Clerk's office) (~' 2007-318 Commnunication (08/21/2007) from the Acting Manager and Chief Engineer, transmitting for Council information, the Department of Water's C~luarterly Financial Reports as of June 30, 2007. (Reports oiti file iati tltie Couitity Clerk's office) C 2007-319 Communication (08/23/2007) from C'ouncilmember JoAnn A. Yukimura, transmitting for Council information, her written disclosure, and possible conflict of interest on C 2007-310, from the August 10, 2007 Council meeting agenda, because she is on the Board of Directors of the Iiaua'i Public Land Trust and did not abstain from voting on C 2007-810 because the action before the Council was to accept a donation and she did not gain specific or unique personal financial benefit from this action. C 2007-320 Communication (08/07/2007) from the Chief, of the Building Division, Department of Public Works, requesting Council approval to accept a donation offered by Avery Youn, AIA, to prepare the final design plans and SMA permitting for the Iiamalani Pavilion Reconstruction with an estimated value of $25,000, to replace the original pavilion that was destroyed by fire. Council Meeting Agenda 8 September 5, 2007 C 2007-821 Communication (08/04/2007) from Jay Furfaro, Finance/Economic Development Committee Chair, requesting agenda time for the Housing Agency to provide an update on corrective actions and projected completion date on Finding 06-02 (accrual accounting of revenues and expenses) in the Single Audit Report for Fiscal Year 2006-2007. • Commnunication (08/21/2007) from Iienneth Rainforth, Executive on Housing, informing the Council of actions initiated relative to the Section 8 Program, Housing Loan Programs and an overall County issue. C 2007-822 Communication (08/04/2007) from Jay Furfaro, Finance/Economic Development Committee Chair, requesting agenda time for the Finance Department-Risk Management to provide an update on corrective actions and projected completion date on Finding 06-08 (discrepancies in workers' compensation of $2.1 million) in the Single Audit Report for Fiscal Year 2006-2007. • Commnunication (08/28/2007) from Wallace G. Rezentes, Jr., Director of Finance, informing the Council of actions initiated relative to the reconciliation of the County's Workers' Compensation Program Reserves records with the annual claims suimnary. LEGAL DOCUMENTS: C 2007-323 Communication (08/24/2007) from the County Engineer, requesting Council approval: 1. to indemnify the owner of the property mauka of the existing liapaia Road Bridge, and 2. to enter into a Right of Entry Agreement to provide temporary access across liapaia Stream. CLAIMS: C 2007-324 Communication (07/30/2007) from the County Clerk, transmitting a claim filed against the County of liaua'i by SeaBright Insurance Company for reimbursement of worker's compensation benefits paid to a Jas W. Glover Ltd. employee, pursuant to Section 28.06, Charter of the County of liaua'i. Council Meeting Agenda 4 September 5, 2007 C 2007-325 Communication (08/15/2007) from the County Clerk, transmitting a claim filed against the County of Kauai by Garden Isle Disposal, Inc. for property damages, pursuant to Section 28.06, Charter of the County of Kauai. RESOLUTIONS: Resolution No. 2007-85, RESOLUTION ESTABLISHING SOHO( )L BUS STOPS AT VARI( )US R( )ADS IN WAIMEA DISTRICT Resolution No. 2007-86, RESOLUTI( )N ESTABLISHING A SCHOOL BUS STOP AT LAULE`A STREET, I~( )L( )A DISTRICT SPECIAL ORDER OF THE DAY (Bill for First Reading): Bill No. 2233 - AN ORDINANCE AMENDING ORDINANCE N( ). B-2007-665 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE Cc_)UNTY OF IiAUA`I, STATE OF HAWAII, Fc_)R THE FISCAL YEAR JULY 1, 2007 THRc_)UGH JUNE 80, 2008, BY REVISING THE SURPLUS AND APPR(_)PRIATI(_)NS ESTIMATED IN THE GENERAL FUND (Parks and Recreation: Salaries - $96,924 and Special Projects, Ka Leo (_) Kauai - $25,000) (Tie cote 07/25/2007) (Defer~r~ed 08/22/2007) BILL Fc_)R FIRST READING: Proposed Draft Bill No. 2236 - A BILL F(_)R AN URDINANCE T(_) AMEND CHAPTER 28, ARTICLE 8, OF THE IiAUA`I Cc_)UNTY Cc_)DE 1987, RELATING Tc_) PEDDLERS AND Cc_)NCESSIc_)NAIRES EYECUTIVE SESSI(_)N: 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 and shall be limited to those items described in H.R.S. §92-5(a). (Confidential reports on file in the County Attorney's Office and/or the County Clerk's Office. Discussions held in Executive Session are closed to the public.) ES-294 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), the purpose of this executive session is to provide a Council briefing on Iioloa Marketulace, LLC vs. County of Iiaua`i, et al., Civ. No. 06-00570 HG/BMIi and related matters. This consultation involves consideration of the powers, duties, privileges, irmnunities and/or liabilities of the Council and the County as they relate to this agenda item. (Defer~r~ed 08/08/2007 to the 09/05/2007 Courucil meetiarg) Council Meeting Agenda 5 September 5, 2007 ADJOURNMENT. NOTE: If the Cauncil 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 Cauncil will reconvene to complete any unfinished business. Bidl No. 2234 - A~'~' ORDI~'~'ANCE A1tilEi'~'DI~'~'G ORDIIti?4NCE NO. 8-200i -Cif i AS AME1tiTDED, RELATIt~iG TO THE CAPITAL BUDGET OF THE COUNTY OF I~4UA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2007 THPOL7GH JUI~'E 30, 2008, BY PETTISING THE SURPLUS ESTIMATED IN THE GENERAL FtTND ($300, DDD - I~apaia Bridge Replacement} For complete information, including a summary of the item, please refer to the official Notice of PLiblic Hearing. The official Notice of Public Hearing has been published, pasted on the bulletin board, and filed in the County (~~lerk's Office as regtiiired by law. Notwithstanding this Council Agenda, the Council may hall a public hearing an 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 FIVE (5) DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.