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Home My WebLink About08-11-2010 Council Meeting Agenda COUNCIL MEETING NOTICE and AGENDA RECEIVED WEDNESDAY AUGUST 11, 2010 9:00 A.M. OR SOON THEREAFTER ~t0 _y F'36 COUNCIL CHAMBERS 3371-A Wilcox Road OFFICE OF Lihu`e, Kauai, Hawaii 96766 THE COUNTY CLERK COUNTY OF KAUAI MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council. Council Meeting of July 14, 2010 Special Meeting of July 21, 2010 COMMUNICATIONS: C 2010-210 Communication (07/07/2010) from the Chief of Buildings, Department of Public Works, transmitting for Council information, the Building Permit Monthly Report for June 2010- (1) Building Permit Processing Report (2) Building Permit Estimated Value Summary (3) Building Permits Tracking Report (4) Building Permits Status C 2010-211 Communication (7/15/2010) from the Director of Finance, transmitting for Council information, the Period 11 Financial Reports-Statement of Revenues as of May 31, 2010, pursuant to Section 17 and Section 20 of the Operating Budget Ordinance (B-2009-690). (Statement of Revenues - Estimated and Actual, Revenue Report-Listing, Statement of Expenditures and Encumbrances, and Detail Budget Report are on file in the County Clerk's Office.) C 2010-212 Communication (7/15/2010) from the Deputy County Engineer, Department of Public Works, requesting Council approval of a traffic resolution to establish a 20 mph speed limit restriction for the entire length of Kapa`ka Road, Hanalei District. (See Resolution No. 2010-44) Council Meeting Agenda 2 August 11, 2010 C 2010-213 Communication (7/30/2010) from the Mayor, requesting Council consideration and confirmation of the following appointees to the various Boards and Commissions for the County of Kauai. (Applications on file in the County Clerk's Office) • Josephine Ann Sokei - Liquor Control Commission • Dane K. Oda - Liquor Control Commission • Michael Chavez Machado - Salary Commission (See Resolutions Nos. 2010-45, 2010-46 and 2010-47) C 2010-214 Statement of Condition of the County Treasury as of May 7, 2010 C 2010-215 Communication (7/09/2010) from the Chief of Building Division, Department of Public Works, requesting Council approval to purchase personal protection equipment, a computer and office furniture for a contract hire project manager using funds from the Kapa`a Base Yard Structural Renovation CIP Budget. The approximate cost is $4,000.00 C 2010-216 Communication (7/30/2010) from the Director of Finance, requesting Council approval to enter into a multi-year service agreement (five years beginning November 1, 2010 (insurance renewal date) subject to appropriation and availability of funds in each succeeding fiscal year period) with an experienced and qualified Insurance Broker licensed in the State of Hawaii, to procure insurance coverage for County properties, excess general liability, automobile liability, excess worker's compensation, aircraft liability and crime, and to also serve as a consultant to the County's insurance and risk management programs. LEGAL DOCUMENTS- C 2010-217 Communication from the Mayor recommending Council approval of three (3) legal documents resulting from the KD Waipouli Subdivision (5-2007-04, Kevin Showe/KD Waipouli, LLC) consolidation of Lots 1034, 1035 and 1036, as shown on map and resubdivision of said consolidation into Lots 1043 to 1266, Inclusive, Deletion of Easement 292, as shown on map and Designation of Easements 294 to 350, Inclusive, at L3hu`e, Puna, Kauai, Hawaii. (5-2007-04, Kevin Showe/KD Waipouli, LLC ) 1) DEDICATION DEED, by KD Waipouli LLC, conveying a roadway lot (TMK (4) 4-3-001:014 (por Lot 17-D-3), Papaloa Tract, South Olohena, Kawaihau, Kauai, Hawaii to the County of Kauai for road widening improvements. 2) DEDICATION DEED, by KD Waipouli LLC, conveying a roadway lot (TMK (4) 4-3-001:014 (por Lot 17-D-4), Papaloa Tract, South Olohena, Kawaihau, Kauai, Hawaii to the County of Kauai for road widening improvements. 3) GRANT OF PEDESTRIAN, VEHICULAR AND PARKING EASEMENT by KD Waipouli LLC conveying Easement P-1, TMK (4) 4-3-001:014 (por Papaloa Tract, South Olohena, Kawaihau, Kauai, Hawaii to the County of Kauai. Council Meeting Agenda 3 August 11, 2010 C 2010-218 Communication (7/27/2010) from the Director of Parks and Recreation, transmitting for Council approval the County of Kauai Adopt-A-Park Agreement with Hui Malama 0 Kaneiolouma relating to the stewardship of a Native Hawaiian cultural site on real property identified as TMK (4) 2-8-17 13, 14, 23 & 24, which is 11.04 acres of land situated in the Koloa District, Kauai. County of Kauai Adopt-A-Park Agreement for the Stewardship of Kaneiolouma Heiau Complex, Po`ipu Beach Mauka Preserve, TMK. 2-8-17 13, 14, 23 & 24 CLAIMS: C 2010-219 Communication (7/19/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Nathan Wood for damage to personal property, pursuant to Section 23.06, Charter of the County of Kauai. C 2010-220 Communication (7/26/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Julie A. Ugalde for State of Hawaii/DAGS/RMO for property damage, pursuant to Section 23.06, Charter of the County of Kauai. C 2010-221 Communication (7/27/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by The estate of Steven Ho Song, deceased, Cathy Song, Brian Song, and Arnold Song, for mental and/or physical injury, medical and related expenses, loss of earning capacity and/or earnings, loss of enjoyment of life, funeral and burial expenses and other damages, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS PLANNING COMMITTEE REPORT: CR-PL 2010-14: on Bill No. 2361 A BILL FOR AN ORDINANCE AMENDING CONDITION NO 19 OF ORDINANCE NO PM-2004-370 RELATED TO THE KUKUI`ULA WORKFORCE HOUSING [Approved as Amended.] RESOLUTIONS: Resolution No 2010-44, RESOLUTION ESTABLISHING A SPEED LIMIT RESTRICTION FOR KAPAKA ROAD, HANALEI DISTRICT, COUNTY OF KAUAI Resolution No. 2010-45, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Josephine Ann Sokei, term ending 12/31/2012) Council Meeting Agenda 4 August 11, 2010 Resolution No. 2010-46, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Dane K. Oda, term ending 12/31/2010) Resolution No. 2010-47, RESOLUTION CONFIRMING MAYORAL APPOINTEMENT TO THE SALARY COMMISSION (Michael Chavez Machado, term ending 12/31/2012) BILLS FOR SECOND READING. Bill No. 2361, Draft 1 - A BILL FOR AN ORDINANCE AMENDING CONDITION NO 19 OF ORDINANCE NO PM-2004-370 RELATED TO THE KUKUI`ULA WORKFORCE HOUSING (The Planning Committee recommended approval as amended, see CR-PL 2010-14) 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-462 Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(4), and Kaua'i County Charter Section 3.07(E), the Office of the County Attorney requests an executive session to discuss with the Council and requests authority relating to the execution of agreements concerning County liabilities at its facilities under the Endangered Species Act, 16 United States Code § 1531, et seq., and the Migratory Bird Treaty Act, 16 United States Code § 703, et seq. 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. ES-463 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 allow the County Attorney to consult with the Council on questions and issues pertaining to the Council's and County's powers, duties, privileges, immunities, and liabilities regarding Claim C 2010-146, relating to Lihu'e Court Townhomes Corporation's request to compromise its real property taxes for the County tax year 2009-2010, and to request Council approval in conjunction with this claim. 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 Council Meeting Agenda 5 August 11, 2010 %NOTE: If the Council 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 Councilwill`reconvene, to complete any unfinished business. Bill No. 2367 A BILL FOR AN ORDINANCE AMENDING SECTION 21-9.1, AND SECTION 21-9.3 OF THE KAUAI COUNTY CODE 1987, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT Bill No. 2368 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2010-705, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE S URPL US AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND 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 County Clerk's Office as required by law. Notwithstanding this Council Agenda, the Council may hold a public hearing on any itemwhich 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, 3371-A WILCOX ROAD, LIHU`E, KAUAI. TELEPHONE NO 241-4188