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HomeMy WebLinkAbout09-19-2007COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, SEPTEMBER 19, 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: Regular Meeting of September 5, 2007 Public Hearing of September 5, 2007, re: Bill No. 2234 CUMMUNICATIUNS: 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 09/05/2007) C 2007-826 Communication (08/29/2007) from the Director of Finance, transmitting for Council action, a bill appropriating $50,000.00 from the surplus and appropriations estimated in the Fiscal Year 2007-2008 Operating Budget General Fund for the redesign and implementation of a local area network (LAN) to service both the Historic County Building and Aiuiex Building. (See Proposed Draft Bill No. 2237) C 2007-327 Coimnunication (08/15/2007) from the Purchasing & Assistant Contracts Administrator, transmitting for Council information, the emergency purchase of one (1) pre-constructed Acrow Bridge to replace a damaged and broken culvert for Iiapaia Road, which prevents residents from receiving emergency fire and medical services. Council Meeting Agenda 2 September 19, 2007 C 2007-328 Communication (09/07/2007) from C'ouncilmember Ron Kouchi, transmitting for Council information his written disclosure in follow-up to his oral declaration at the September 5, 2007 Council meeting, of a possible financial conflict of interest on agenda item C 2007-325, relating to a claim filed by Garden Isle Disposal against the Oounty of Iiaua`i for property damages, because his brother and father are board members and employees of the corporation. (~' 2007-329 Ooimnunication (07/18/2007) from the Executive on Housing, requesting Oouncil approval to revise the Housing Agency's Section 8 Budget for Fiscal Year 2007-2008, by revising the current $36,609.00 equipment line item by transferring $6,150.00 (software), to a new equipment line item of $4,000.00 for a laptop computer/stand/software, and a new equipment line item of $2,150.00 for a paper shredder. C 2007-330 Communication (09/05/2007) from the Executive on Housing requesting Council approval to: 1. repurchase Unit No. 50, Villas at Pu`ali, located at 4040 Pu`ali Place, Lihu`e, Iiaua`i, Hawaii 96766 for up to $875,500.00, and 2. resell the property as a long term leasehold estate for approximately $325,000.00 with the exact amount to be determined by a real estate appraisal, or resell the property in fee simple for $886,500.00, and 8. authorize the County Clerk to sign legal documents related to the repurchase and resale transactions. C 2007-331 Communication (08/09/2007) from the Solid Waste Program Administrative Officer, requesting the Oouncil to provide an exception to the budget proviso to allow them to start recruitment for the new Oollections Specialist position and to purchase related office equipment, for which funds were appropriated in the Fiscal Year 2007-2008 Operating Budget prior to the Oouncil's approval of the Updated Integrated Solid Waste Management Plan or an Automated Oollection Plan. Council Meeting Agenda 8 September 19, 2007 C 2007-832 Communication (08/24/2007) from Larry Saito, Parks Maintenance Operations Chief, requesting Council approval to accept the donation of four (4) golf carts from Princeville at Hanalei, Princeville Associates LLC, Iutson & Partners Club Services, and Princeville Prince Golf Course LLC, to be used by the Department of Parks and Recreation employees to transport tools and other equipment for the maintenance of County parks, and has an estimated value of $1,600 ($400.00 per cart), and requesting that the donors be indemnified against any liability that may arise from use of the donation. C 2007-333 Commnunication (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 06-06 (HUD income targeting) in the Single Audit Report for Fiscal Year 2006-2007. C 2007-834 Communication (08/04/2007) from Jay Furfaro, Finance/Economic Development Committee Chair, requesting agenda time for the Finance Department-Accounting to provide an update on corrective actions and projected completion date on Finding 06-04 (grant management) in the Single Audit Report for Fiscal Year 2006-2007. C 2007-335 Request (09/11/2007) from the (Tffice of the County Attorney for authorization to upend up to $100,000 from the special counsel account to continue to retain outside counsel to represent the County in 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 associated matters. C 2007-336 Commnunication (09/13/2007) from the Council Chair, requesting that the Fire Department provide a briefing to the Council at its September 19, 2007 meeting on the recent rash of brushfires on our island and preventative measures. Council Meeting Agenda 4 September 19, 2007 CLAIMS: (~' 2007-337 Connnunication (09/04/2007) from the County Clerk, trantiinitting a claim filed againtit the County of Iiaua`i by Totihio and Loiti Hatihiinoto, for damageti to their vehicle, purtiuant to Section 23.06, Charter of the County of Iiaua`i. C 2007-338 Connnunication (09/04/2007) from the County Clerk, trantiinitting a claim filed againtit the County of Iiaua`i by Debra Santiago, for her daughter'ti phytiical injury, purtiuant to Section 23.06, Charter of the County of I~aua`i. COMMITTEE REPORTS: PUBLIC WORKS COMMITTEE REPORTS: CR-PW 2007-21: on Bill No. 2254 AN ORDINANCE AMENDING ORDINANCE NU. B- 2007-857 AS AMENDED, RELATING TU THE CAPITAL BUDGET OF THE COUNTY OF IiAUA'I, STATE OF HAWAII, FUR THE FISCAL YEAR JTJLY 1, 2007 THROUGH JiJNE 30, 2005, BY REVISING THE SURPLUS ESTIMATED IN THE GENERAL FiJND ($300,000 - I~apaia Bridge Replacement) [Received for the record.] CR-PW 2007-22: on PW 2007-9 Communication (5/29/2007) from Shaylene Iseri- Caxvalho, Public Works Committee Vice Chair, requesting that the Administration and representatives from Uceanit be present to cliscuss the impacts of coastal erosion, present an action plan incorporating the safety concerns of the community, and provide a cost proposal for repairh~emoval and/or maintenance of 'Aliomanu seawall, Pono I~ai seawall, Fuji Beach seawall and Iiapa'a Beach revetment in light of Uceanit's Report and Recommendations regarcling these hazardous areas. [Received for the record.] COMMUNITY ASSISTANCE/IGR COMMITTEE REPORT: CR-CA/IGR 2007-8: on CA/IGR 2007-4 Communication (5/8/2007) from Shaylene Iseri-Caxvalho, Community Assistance/ Intergovernmental Relations Committee Chair, requesting agenda time to give a report of the Annual Conference of the National Association of Counties (NACo). [Received for the record.] Council Meeting Agenda 5 September 19, 2007 ENERGY/PUBLIC SAFETY COMMITTEE REPORT: CR-EPS 2007-2: on C 2007-315 Connuuiucation (Ob/07/2007) from the Acting Chief of Police, transmitting for Council information, procedures that are being implemented to adch~ess the outstanchng felony bench wax~~ants issue. [Received for the record.] BILL FOR FIRST READING: Proposed Draft Bill No. 2233 - AN ORDINANCE AMENDING ORDINANCE N( ). B-2007-665 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF I~AUA`I, STATE OF HAWAII, F( )R THE FISCAL YEAR JULY 1, 2007 THROUGH JUNE 30, 2008, BY REVISING THE SURPLUS AND APPR( )PRIATI( )NS ESTIMATED IN THE GENERAL FUND (Parks and Recreation: Salaries - $96,924 and Special Projects, Ida Leo O I~aua`i - $25,000) (Deferred 09/05/2007) Proposed Draft Bill No. 2237 - AN ORDINANCE AMENDING ORDINANCE Nc_). B-2007-656 AS AMENDED, RELATING Tc_) 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 ESTIMATED IN THE GENERAL FUND ($50,000.00 Local area network equipment for Historic County Building and Annex) BILL Fc_)R SECc_)ND READING: Bill No. 2234 - AN ORDINANCE AMENDING ORDINANCE N(_). B-2007-657 AS AMENDED, RELATING Tc_) THE CAPITAL 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 ESTIMATED IN THE GENERAL FUND ($300,000 - Iiapaia Bridge Replacement) (Tltie Public IVorks Committee recommeitided receipt for tltie record oiti 09/12/2007) EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") §92-7(a), the Council may, when deemed necessary, hold au 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.) Council Meeting Agenda 6 September 19, 2007 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 Koloa Marketplace, LLC vs. County of Kauai, et al., Civ. No. 06-00570 HGIBMK and related matters. This consultation involves consideration of the powers, duties, privileges, immunities andlor liabilities of the Council and the County as they relate to this agenda item. (Deferred d5~/D512007) ADJOURNMENT. NOTE: If the Council is not finished with this meeting by appralimately 1:30 p.m., it will recess for public hearings on the following. After the public hearings, the Council will reconvene to camplete any unfinished business. Bill No. 2235 - AN ORDINANCE AMENDING ORDINANCE NO. 8-2007-&57 AS Alf~ENDED, RELATING DT THE G_APITAL BUDGET OF THE GO LINTY OF IAA UA `I, STATE OF I~AWAI `I, FOR THE FISCAL YEAR JULY 1, 20(17 THROUGH J~iNE 30, 2008, BY REb'ISI~ti'G THE SURPLUS ESTIIi~114TED Ii'i' THE GEtti~ERAL FL7ND ($500,000 Kapaica Bridge Replacement) Bill No. 223& - A BILL FOR AN ORDINANCE TO AIi~IEND CHAPTER 23, ARTIGLE 3, OF THE I~AUA`I COUNTY CODE 1987, RELATING TD PEDDLERS AND CDNC,ESSIDNAIRES 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 (bounty 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 FIVE (5) DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.