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Home My WebLink About06-01-2011 Council AgendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, JUNE 1, 2011 9:30 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS 3371 -A Wilcox Road Li -hu`e, Kauai, Hawaii 96766 MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Council Meeting of May 4, 2011 Public Hearing of May 4, 2011 re: Bill No. 2402, Bill No. 2403, and Resolution No. 2011 -45 Public Hearing of May 18, 2011 re: Bill No. 2407 Council Site Visit of May 24, 2011 COMMUNICATIONS: C 2011 -171 Communication (05/03/2011) from the County Engineer, transmitting for Council review, comment, and approval the Proposed Islandwide Resurfacing List for Fiscal Year 2011 -2012. (Deferred 0511812011) C 2011 -174 Communication (05/03/2011) from the Chief of the Building Division, Department of Public Works, transmitting for Council information the Building Permit Information Reports for April 2011 that includes the following: (1) Building Permit Processing Report (2) Building Permit Estimated Value Summary (3) Building Permits Tracking Report (4) Building Permits Status C 2011 -175 Communication (05/05/2011) from Council Chair Furfaro, requesting the Administration's presence, to provide the Council with an update on the status of the Hanapepe River and Waimea River levees. C 2011 -176 Communication (05/05/2011) from the County Engineer, transmitting for Council consideration a traffic resolution establishing two crosswalks across Kawaihau Road in the vicinity of Kapa`a Elementary School. (See Resolution No. 2011 -60) Council Meeting Agenda 2 June 1, 2011 C 2011 -177 Communication (05/06/2011) from Council Chair Furfaro, requesting the Administration's presence, to provide the Council with an update on the status of the Pono Kai Seawall and Moanakai Seawall projects. C 2011 -178 Communication (05/11/2011) from Councilmember Nakamura, requesting agenda time for the Administration to brief the Council on the County's Anti -Drug Program, the progress it has made and plans for the program. C 2011 -179 Communication (05/13/2011) from the Mayor, transmitting for Council consideration and confirmation, appointee Clyde Nakaya (term ending 12/31/13) to the Board of Water Supply. (See Resolution No. 2011 -61) C 2011 -180 Communication (05/18/2011) from Council Vice Chair Yukimura, requesting Council consideration of a resolution honoring Louis Almodova, Jr., or "Uncle" Louie Almodova, Jr., by naming the main pavilion at Salt Pond Beach Park "The Uncle Louie Almodova, Jr., Pavilion." (See Resolution No. 2011 -62) C 2011 -181 Communication (05/03/2011) from the Chief of Police, requesting Council approval, to expend approximately $35,000.00 from the Police Special Fund to purchase a vehicle for use in the Criminal Intelligence Unit. C 2011 -182 Communication (05/17/2011) from Mel Rapozo, President, Hawaii State Association of Counties (HSAC), transmitting for Council approval, the Hawaii State Association of Counties' (HSAC) proposed slate of officers for the 2011 -2012 term as follows: Mel Rapozo (Kaua`i County Councilmember) — President Stanley Chang (Honolulu City Councilmember) —Vice President Joseph Pontanilla (Maui County Councilmember) — Treasurer K. Angel Pilago (Hawai`i County Councilmember — Secretary LEGAL DOCUMENT: C 2011 -183 Communication (04/29/2011) from the Environmental Services Management Engineer, Department of Public Works, transmitting for Council consideration and approval the following from the State of Hawaii Agribusiness Development Corporation: • Land License granting the County of Kauai and Waste Management of Hawaii, Inc. (co- licensees) license to enter and remove soils from the Kekaha Mud Ponds situated at Kekaha, Kauai, Hawaii, further described as TMK (4) 1- 2- 02:Por. 1, for cover material at the Kekaha Phase II Landfill, and • Indemnification of the State of Hawaii Agribusiness Development Corporation as described in paragraph 15 of the Land License. Council Meeting Agenda 3 June 1, 2011 CLAIMS: C 2011 -184 Communication (05/06/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Verna Rita for physical injury and medical bills, pursuant to Section 23.06, Charter of the County of Kauai. C 2011 -185 Communication (05/09/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Glenn K. Kapahu for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2011 -186 Communication (05/11/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Tim Klett for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE CR -PSE 2011 -07 on Bill No. 2407 COMMITTEE OF THE WHOLE CR -COW 2011 -19 on COW 2011 -06 RESOLUTIONS: A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B- 2010 -706, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011, BY REVISING THE PROJECT DESCRIPTION OF CERTAIN ITEMS CONTAINED IN THE BOND FUND [Received for the record] Communication (04/21/2011) from Vice Chair Yukimura, requesting the Committee's consideration of the proposed revisions to the rules of the Council of the County of Kauai For the Organization of Committees and the Transaction of Business, as recommended by the Rules Sub - Committee, and other amendments to the rules. [APPROVED recommendations in totality, with resolution to follow at the 6/15/2011 Council Meeting, including a review by the County Attorney] Resolution No. 2011 -60, RESOLUTION ESTABLISHING CROSSWALKS ALONG KAWAIHAU ROAD, KAWAIHAU DISTRICT, COUNTY OF KAUAI Council Meeting Agenda 4 June 1, 2011 Resolution No. 2011 -61, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF WATER SUPPLY (Clyde Nakaya) Resolution No. 2011 -62, RESOLUTION NAMING THE MAIN PAVILION AT SALT POND BEACH PARK "THE UNCLE LOUIE ALMODOVA, JR. PAVILION" IN HONOR OF "UNCLE" LOUIE ALMODOVA JR. BILL FOR SECOND READING: Bill No. 2407 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B- 2010 -706, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011, BY REVISING THE PROJECT DESCRIPTION OF CERTAIN ITEMS CONTAINED IN THE BOND FUND (See CR -PSE 2011 -07, Public Safety & Environmental Services Committee recommended receipt on May 25, 2011.) 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 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 -488 Pursuant to Haw. Rev. Stat. sections 92 -4, 92 -5(4) and Kauai County Charter §3.07(E), the purposes of this executive session is to provide Council with a briefing on Amendment No. 1 to Settlement and Release Agreement between the County of Kauai and Title Guaranty Escrow Services, Inc. and Settlement and Release Agreement between the County of Kauai, Title Guaranty Escrow Services, Inc., Old Republic National Title Insurance Company and the Ordonez Parties for the County's claims arising from shared appreciation agreements applicable to an affordable housing unit 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. 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, 3371 -A WILCOX ROAD, LIHU`E, KAUAI. TELEPHONE NO. 241 -4188.