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HomeMy WebLinkAbout07-21-2011 Council AgendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, JULY 21, 2011 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS 3371 -A Wilcox Road Lihu`e, Kauai, Hawaii 96766 MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Council Meeting of June 15, 2011 Special Council Meeting of June 29, 2011 COMMUNICATIONS: C 2011 -214 Communication (06/28/2011) from the Director of Finance, transmitting for Council information, the Period 11 Financial Reports — Statement of Revenues as of May 31, 2011, including the Statement of Revenues (Estimated and Actual), Revenue Report, Statement of Expenditures and Encumbrances, and the Detailed Budget Report. (Copy on file in the County Clerk's Office) C 2011 -215 Communication (07/05/2011) from Councilmember Kuali`i, providing written disclosure on the record of a possible conflict of interest relating to C 2011 -204 and C 2011 -205 on the July 6, 2011 Council meeting agenda and that he is recusing himself from deliberations on these matters due to his employment with the YWCA. The YWCA is a participating agency in the Office of the Prosecuting Attorney's Kauai VOCA Expansion Program and Victim Witness Assistance Program. C 2011 -216 Communication (05/17/2011) from the Chief of Police, requesting indemnification by the Council for a Letter of Agreement between Kapi`olani Medical Center for Women and Children (KMCWC), by and through its Sex Abuse Treatment Center (SATC), and the Kauai Police Department to establish and clarify the scope and nature of services to be provided to the Kauai Police Department as a member of the Hawaii Sexual Assault Response and Training (HSART) Program by KMCWC. Council Meeting Agenda 2 July 21, 2011 C 2011 -217 Communication (06/23/2011) from the Fire Chief, requesting Council approval to receive and expend the Assistance to Fire Fighters Grant (AFG) to purchase a Combination Fire Safety /Sprinkler House Trailer for $130,000.00, of which the AFG would cover 80 percent or $104,000.00 and the Kauai Fire Department would be responsible for the remaining 20 percent or $26,000.00. This portable trailer with built -in simulation features will be used to educate and to provide fire safety demonstrations and refresher information. CLAIM: C 2011 -218 Communication (07/08/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Domingo A. Acupan for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE REPORT CR -PSE 2011 -08: on PSE 2011 -03 Communication (6/15/2011) from Committee Chair Mel Rapozo, requesting agenda time for Jean Souza, Kauai Programs Coordinator, and Malia Chow, Sanctuary Superintendent on the National Oceanic and Atmospheric Administration Hawaiian Islands Humpback Whale National Marine Sanctuary. [Received for the record.] COMMITTEE OF THE WHOLE REPORT CR -COW 2011 -21: on C 2011 -150 Communication (04/26/2011) from Chair Shiraishi of the Charter Review Commission, requesting Council comments regarding the Charter Amendment proposal to establish a permanent Charter Review Commission, including the burden and cost to the County to support a permanent commission. [Received for the Record.] 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.) Council Meeting Agenda 3 July 21, 2011 ES -489 Pursuant to Hawaii Revised Statutes Sections 92 -4 and 92- 5(a)(4), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Council to provide Council with a briefing, discussion, and to request authority to settle in the cases of Kauai Springs, Inc. vs. County of Kauai, et al., Civ. 07 -1 -0182 (5th Circuit Court) and Kauai Springs, Inc. vs. Planning Commission of the County of Kauai, No. 29440 [Civ. No. 07 -1 -0042] (Intermediate Court of Appeals) and 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 this agenda item. (Deferred June 29, 2011) ES -490 Pursuant to Hawaii Revised Statutes Sections 92 -4 and 92- 5(a)(2 & 4), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Council pertaining to the County Auditor and, if necessary, to consult with the County's legal counsel. This session pertains to the evaluation of the County Auditor where consideration of matters affecting privacy will be involved and, if necessary, to consult with legal counsel regarding the powers, duties, privileges, immunities, and /or liabilities of the Council and the County as they relate to this agenda item. (Deferred July 6, 2011) ES -491 Pursuant to Hawaii Revised Statutes Sections 92 -4 and 92- 5(a)(2 & 4), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Council pertaining to the County Clerk and, if necessary, to consult with the County's legal counsel. This session pertains to the evaluation of the County Clerk where consideration of matters affecting privacy will be involved and, if necessary, to consult with legal counsel regarding the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. (Deferred July 6, 2011) ES -492 Pursuant to Haw. Rev. Stat. sections 92 -4 and 92- 5(a)(4), and Kauai County Charter section 3.07(E), the purpose of this executive session is to consult with Council regarding legal issues relating to medical waste or other solid waste at the landfill and personnel 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. (Deferred July 6, 2011) 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.