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Home My WebLink About06-09-2010 Council Meeting Agenda COUNCIL MEETING NOTICE and AGENDA WEDNESDAY JUNE 9 ,2010 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS '10 JUN -3 P1 :24 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 May 12, 2010 Public Hearing of May 26, 2010 re. Bill No. 2361 and Bill No 2363 COMMUNICATIONS. C 2010-147 Communication (05/03/2010) from the Environmental Services Management Engineer, Department of Public Works, transmitting for Council consideration, the amendments to various sections of the Integrated Solid Waste Management Plan, Chapter 21 of the Kauai County Code 1987, as amended. (See Proposed Draft Bill No. 2365) C 2010-148 Communication (05/13/2010) from the Director of Finance, transmitting for Council information, the Period 9 Financial Reports - Statement of Revenues as of March 31, 2010, pursuant to Section 17 and Section 20 of the Operating Budget (B-2009-690) (Statement of Revenues - Estimated and Actual, Revenue Report, Statement of Expenditures and Encumbrances, and Detail Budget Report are on file in the County Clerk's Office.) C 2010-149 Communication (05/17/2010) from the Mayor, transmitting for Council information, the Fiscal Year 2010 Third Quarter Report for the Kauai Humane Society, pursuant to Contract #6787 Item (5). Also included is a copy of the Field Services Statistics, Animal Statistics, and a copy of H.B. No 2725. C 2010-150 Communication (05/13/2010) from the Director of Parks and Recreation, requesting Council approval to purchase a shredder mower for $120,000 00 from the FY 2010-2011 Parks Special Projects Account, to be used to cut back and maintain control over tall grass, shrubs and small trees that encroach onto park properties and for regular maintenance along the shared-use path and various county parks to help maintain visibility and safety Council Meeting Agenda 2 June 9, 2010 C 2010-151 Communication (05/14/2010) from the Prosecuting Attorney, requesting Council approval to apply for, receive and expend funds from the Crime Victim Assistance Grant of $179,756.00 for the Kauai Victim of Crime Act (VOCA) Expansion Program, to be used for the term beginning August 1, 2010, and to indemnify the State of Hawaii, Department of the Attorney General. C 2010-152 Communication (05/25/2010) from the Prosecuting Attorney, requesting Council approval to apply for, receive and expend funds from the Federal FY 2009 STOP Violence Against Women Formula Grant for $47,002.00 for continuation of the Domestic Violence Prosecution Unit, to be used for the term September 1, 2010 to March 31, 2011, and to indemnify the State of Hawaii, Department of the Attorney General. C 2010-153 Communication (05/25/2010) from the Director of Housing, requesting Council approval to acquire a Real Estate Owned (REO) residence situated at 5457 Kula Mau`u Street, Kapa`a, Hawaii, Tax Map Key (4) 4-6-013-124, under the County's Neighborhood Stabilization Program (NSP) Foreclosure Acquisition, Rehabilitation and Resale Project with funds received from the State in July 2009 at the contracted offer price not to exceed $352,900.00, subject to the one-percent (1%) discount based on receipt of the appraisal, and to authorize the County Clerk to sign any and all related legal documents. C 2010-154 Request (06/02/2010) from the Office of the County Attorney for authorization to expend additional funds up to $25 000 00 to engage special counsel to represent the County defendants in Wayne R. Daniel et al v Kodani and Associates Inc et al., Civ No. 08-1-0006 (Fifth Circuit Court) and related matters. C 2010-155 Request (06/02/2010) from the Office of the County Attorney for authorization to expend additional funds up to $10,000 00 to engage special counsel's continued representation in the lawsuit entitled Kathleen Ah Quin v. County of Kaua'i, Department of Transportation (USDCT), Civ No. CV 08-00507 JMS/BMK and related matters. C 2010-156 Request (06/02/2010) from the Office of the County Attorney for authorization to expend additional funds up to $100,000 00 to engage special counsel's continued representation in the lawsuit entitled Kristan C. Hirakawa v. County of Kaua'i, Civ No. CV09-00247 JMS/LEK (U.S. District Court, District of Hawaii) and for new case Kristan C. Suniga (f.k.a. Kristan C. Hirakawa) v. County of Kauai, et al., Civ No. 10-1-0114 (Fifth Circuit Court) and related matters. C 2010-157 Communication (06/02/2010) from Chair Bill "Kaipo" Asing, requesting that the County Attorney review the subdivision of "Moloa'a Hui" parcels, TMKs: 4-9-09.1, 4-9-09:9, and 4-9-09.12, to determine compliance with permit conditions in the 1998 and 2000 approvals. Council Meeting Agenda 3 June 9, 2010 CLAIMS. C 2010-158 Communication (05/18/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Cashmire Boiser for her son's bodily injury, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS ECONOMIC DEVELOPMENT/HOUSING COMMITTEE REPORT: CR-EDH 2010-01. on EDH 2010-1 Communication (5/19/2010) from Committee Vice Chair Jay Furfaro, requesting the presence of George Costa, Director, Office of Economic Development, to present the results of the Kauai Visitors Bureau (KVB) efforts to promote tourism on Kauai as it relates to Phase 1 of the KVB Economic Stimulus Grant. [Received for the record.] PUBLIC WORKS/ELDERLY AFFAIRS COMMITTEE REPORT: CR-PWE 2010-07: on Bill No 2363 A BILL FOR AN ORDINANCE AMENDING CHAPTER 25 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, AS IT RELATES TO SEWERS [Approved.] RESOLUTIONS Resolution No. 2010-34, RESOLUTION AUTHORIZING THE ACQUISITION OF THE FEE SIMPLE INTEREST IN LANDS REQUIRED FOR PUBLIC USE, TO WIT- THE PEDESTRIAN AND BICYCLE PATH WHICH CONSTITUTES PART OF PUBLIC PARK SYSTEM, SITUATE AT WAIPOULI, DISTRICT OF KAWAIHAU, COUNTY OF KAUA`I, HAWAII, AND DETERMINING AND DECLARING THE NECESSITY OF THE ACQUISITION THEREOF BY EMINENT DOMAIN (Deferred 512612010) Resolution No. 2010-35, RESOLUTION REQUESTING THE MAYOR TO CONSIDER INCLUDING THE COUNCIL OF THE COUNTY OF KAUAI IN THE IMPLEMENTATION OF THE KAUAI ENERGY SUSTAINABILITY PLAN (Deferred 512612010) BILL FOR FIRST READING. Proposed Draft Bill No. 2365 - A BILL FOR AN ORDINANCE AMENDING SECTION 21-1.3, SECTION 21-2.1, SECTION 21-2.2, SECTION 21-3.2, SECTION 21-3.3, SECTION 21-7.3, AND SECTION 21-9 1 OF THE KAUAI COUNTY CODE 1987, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT Council Meeting Agenda 4 June 9, 2010 BILLS FOR SECOND READING Bill No. 2318, Draft 3 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Farm Worker Housing) (Deferred 512612010) Bill No. 2363 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 25 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, AS IT RELATES TO SEWERS (The Public Works/Elderly Affairs Committee recommended approval of Bill No. 2363, see CR-PWE 2010-07) 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-443 Pursuant to H.R.S §92-4 and H.R.S. §92-5 (a)(3) and (4), the purpose of this executive session is to deliberate in the matter of Resolution 2010-34 (resolution authorizing acquisition of fee simple interest in lands required for public use, to wit: the pedestrian and bicycle path which constitutes part of a public park system, situated at Waipouli, district of Kawaihau, County of Kauai, Hawaii, and determining and declaring the necessity of the acquisition thereof by eminent domain) concerning the authority of persons designated by the Council to negotiate the acquisition of public property or during the conduct of such negotiations and to consult with the Council's legal counsel on issues pertaining to the Council's powers, duties, privileges, immunities, and/or liabilities as they may relate to this item, deliberate and take such action as appropriate ES-444 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) and (8), and Kauai County Charter section 3 07(E), the Office of the County Attorney requests an executive session with the Council to provide the Council a briefing in Wayne R. Daniel, et al., v. Kodani and Associates, Inc., et al. Civ No. 08-1-0006 (Fifth Circuit Court) 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-445 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 Kathleen Ali Quin v. County of Kaua'i, Department of Transportation (USDCT) Civ No. 08- 00507 JMS/BMK 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. Council Meeting Agenda 5 June 9, 2010 ES-446 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) and (8), and Kauai County Charter section 3.07(E), the Office of the County Attorney requests an executive session with the Council to provide the Council a briefing in Kristan C. Hirakawa v. County of Kaua'i, Civ No CV09- 00247 JMS/LEK (U.S. District Court, District of Hawai'i) and for new case Kristan C. Suniga (f.k.a. Kristan C. Hirakawa) v. County of Kaua'i, et al., Civ No. 10-1-0114 (Fifth Circuit Court) 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