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Home My WebLink About03-12-2008 COUNCIL AGENDA COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, MARCH 12, 2008 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4,396 Rice Street, Room 201 Lihu e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council. Council Meeting of January 30 2008 Council Meeting of February 13 2008 Special Council Meeting of February 20 2008 Public Hearing of February 27 2008 re Bills Nos 2252, 225.3 and 2254 COMMUNICATIONS. C 2008-57 Communication (02/14/2008) from the Director of Finance transmitting the Period 6 Financial Reports - Statement of Revenues as of December .31 2007 (Statement of Revenues- Estimated and Actual (Listing) Statement of Expenditures and Encumbrances (Listing) Revenue Report (Listing) and Detail Budget Report (Listing) on file in the County Clerk s Office ) C 2008-58 Communication (02/23/2008) from the Mayor transmitting for Council confirmation, his appointments and re-appointments of the following- Terri Miyashiro Board of Ethics Partial Term Robert Farias Board of Ethics Second Term Kurt Akamine Planning Commission First Term Herman Texeira Planning Commission First Term Matilda Yoshioka Charter Review Commission First Term (See Resolution Nos. 2008-05, 2008-06, 2008-07, 2008-08, 2008-09) Council Meeting Agenda 2 March 12, 2008 C 2008-59 Communication (02/22/2008) from Councilmember Jay Furfaro transmitting for Council approval a Resolution requesting action on the Koloa-Po ipu Area Circulation Plan. (See Resoluti.ori No. 2008-10) C 2008-60 Communication (08/05/2008) from the Housing Director transmitting for Council approval a Resolution recognizing March 24-80 2008 as National Community Development Week and celebrating the Community Development Block Grant (CDBG) program. (See Resolution No. 2008-11) C 2008-61 Conununication (02/25/2008) from Councilmember Jay Furfaro transmitting for Council action a bill to approve a three-year contract (2007-2008 2008-2009 2009-2010) not to exceed $600 000 for the County of Kaua i annual financial audit to conunence in fiscal year 2007-2008 (See Proposed Draft Bill No. 2258) C 2008-62 Conununication (12/20/2007) from the Chief of Police requesting Council approval to indemnify The Pasha Group and Releasees in a Final Settlement Agreement and Release of All Claims and Liens with regard to damages of four (4) trailers that occurred during shipping, and purchased with moneys from the Department of Homeland Security/Weapons of Mass Destruction grant, in exchange for $4,464.24 paid to the Police Department. C 2008-63 Communication (02/21/2008) from the Auto Equipment Superintendent, requesting Council approval to accept a donation from Adam Asqueth of Kauai Farm Fuel for 500 gallons of bio-diesel and temporary use of a fuel container with dispenser for a pilot project (estimated value of donation. $2 000) C 2008-64 Conununication (02/22/2008) from the Director of Finance requesting Council approval to delete the uncollectible taxes listed from the active records of accounts receivable and entered in a special uncollectible delinquent tax record. (Copy on file in the County Clerk s Office) Council Meeting Agenda .3 March 12, 2008 C 2008-65 Request (02/29/2008) from the Office of the County Attorney for authorization to engage a legal bond consultant for matters relating to the formation of Community Facilities District No 1 (the Kukui ula Community Facilities District) and other matters relating to community facilities districts as provided for in Kauai County Code Section 26-1 1.3 CLAIMS C 2008-66 Communication (02/25/2008) from the County Clerk, transmitting a claim filed against the County of Kauai by Fariborz Moaddeli for medical expenses and incidental costs associated with seeking medical assistance and filing of this claim, and club fees paid for enrollment in sports clubs pursuant to Section 23 06 Charter of the County of Kaua i. C 2008-67 Communication (02/26/2008) from the County Clerk, transmitting a claim filed against the County of Kauai by Harold Lee Kinnaman for damages to his vehicle pursuant to Section 23 06 Charter of the County of Kauai. C 2008-68 Communication (02/26/2008) from the County Clerk, transmitting a claim filed against the County of Kauai by Bobbi Ferrara for personal physical injury and related medical expenses pursuant to Section 23 06 Charter of the County of Kaua i. RESOLUTIONS Resolution No 2007-107 RESOLUTION CONFIRMING MAYORAL RE-APPOINTMENT TO THE COST CONTROL COMMISSION (Randy Finlay Second Term) (Deferred 01 /17/2008) Resolution No 2008-04 RESOLUTION SUPPORTING S.13 958 S.D1 H.D 1 TO IMPOSE A TEN-YEAR MORATORIUM ON DEVELOPING TESTING PROPAGATING CULTIVATING GROWING AND RAISING OF GENETICALLY MODIFIED TARO IN THE STATE OF HAWAII (Deferred 0212712008) Resolution No 2008-05 RESOLUTION AMENDING RESOLUTION NO 2007-49 TO REPLACE AND CONFIRM THE APPOINTMENT OF A MAYORAL APPOINTEE TO THE BOARD OF ETHICS (Terri Miyashiro Partial Term. Term Expires orr 1213112009) Council Meeting Agenda 4 March 12, 2008 Resolution No 2008-06 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF ETHICS (Robert Fari.as (Second Term): Term. Expires orr 1213112010) Resolution No 2008-07 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CHARTER REVIEW COMMISSION (Matilda Yoshioka, (First Term): Term Expires on 1213112010) Resolution No 2008-08 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE PLANNING COMMISSION (Kurt Ahamine, Business (First Term): Term Expires on 1213112010) Resolution No 2008-09 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE PLANNING COMMISSION (Herman Texei.ra., Labor (First Term): Term Expires on 1213112010) Resolution No 2008-10 REQUESTING THE ADMINISTRATION TO PURSUE IMPLEMENTATION OF THE KC)L)A-P(_)'IPLT AREA CIRCULATION PLAN (KPACP) Resolution No 2008-11 RESOLUTION RECOGNIZING MARCH 24-30 2008 AS NATIONAL COMMUNITY DEVELOPMENT WEEK 2008 BILLS FOR FIRST READING Proposed Draft Bill (No 2258) - A BILL FOR AN ORDINANCE TO APPROVE A THREE-YEAR CONTRACT FOR ANNUAL FINANCIAL AUDITS (2007-2008 2008-2009 2009-2010) 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 Attorneys Office and/or the County Clerks Office Discussions held in Executive Session are closed to the public.) Council Meeting Agenda 5 March 12, 2008 ES-307 Pursuant to Haw Rev Stat. §§92-4, 92-5(a)(2) and 92-5(a)(4) the purpose of this executive session is to consult with the Councils legal counsel on legal questions and issues pertaining to the Councils powers duties privileges immunities and liabilities regarding a complaint filed with the Hawai i State Judiciary - Office of Disciplinary Counsel against a Councilmember and relating to proceedings before the County Council. (Deferred 0212712008) ES-324 Pursuant to Haw Rev Stat. §§92-4, 92-5(a)(4) the purpose of this executive session is to consult with the County Attorney concerning the claim of Duane Souza against the County of Kauai. This 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 0212712008) ES-325 Pursuant to Haw Rev Stat. §§92-4, 92-5(a)(4) the purpose of this executive session is to consult with the County Attorney concerning the claim of Larry Arruda against the County of Kauai. This 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 0212712008) ES-327 Pursuant to Haw Rev Stat. §§92-4 92-5(4) and/or (8) the purpose of this executive session is to provide a Council briefing on the authorization to expend monies from the funds established pursuant to Kauai County Code section 26-1 1.3 to retain a legal bond consultant regarding the formation of community facilities district no 1 (the Kukui ula Community Facilities District) and other matters relating to community facilities districts This executive session involves consideration of the powers duties privileges immunities and/or liabilities of the Council and the County of Kaua i as they relate to this agenda item. ES-328 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purpose of this executive session are for the Council to receive a briefing from the Office of the County Attorney and consult with legal counsel for the purposes of deliberating and deciding on a proposed settlement regarding the claim of Jason Lewis and related matters The 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 6 March 12, 2008 ADJOURNMENT NOTE SPECIAL ACCOMMODATIONS AND SIGN LANGUAGE INTERPRETER AND INTERPRETERS FOR NON-ENGLISH SPEAKING PERSONS ARE AVAILABLE UPON REQUEST FIFE (5) DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO 241-6371