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HomeMy WebLinkAbout02-14-2007 COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, FEBRUARY 14, 2007 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4,396 Rice Street, Room 201 Lihu e, Kaua i, Hawai i MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council. Regular Meeting of January 10 2007 Special Council Meeting of February 6 2007 Public Hearing of January 24 2007 re Bill No 2204 Public Hearing of January .31 2007 re. Bills Nos 2206 and 2207 COMMUNICATIONS C 2007-19 Communication (10/31/2006) from Clayton K. Arinaga, Acting Chief of Police, requesting Council approval and indemnification to apply for receive and expend a STOP Violence Formula Grant with the State of Hawaii, Department of the Attorney Generals office in the amount $31000 00 of which the County is required to match $7 750 00 to fulfill the obligations of the grant. (Deferred 01/31/2007) C 2007-85 Communication (10/06/2006) from Councilmember Jay Furfaro transmitting for Council information, a conflict of interest on the Solid Waste Program Administrative Officer s request for approval of indemnification, Right of Entry Agreement, Princeville Mauka Village LLC because the subject parcel is part of his asset management responsibilities at the Princeville Corporation. (See C 2007-109) Council Meeting Agenda 2 February 14, 2007 C 2007-86 Commumication (12/26/2006) from the County Engineer transmitting for Council consideration, two (2) bills amending Ordinance No B-2006-646 relating to the Fiscal Year 2006-2007 Capital Budget by transferring funds from the Project Contingency account to the 1 Kapaia Swinging Bridge $200000 2. Keapana Swinging Bridge 35 000 (See Proposed Draft Bills Nos. 2208 and 2209) C_` 2007-87 Communication (02/08/2007) from the Council Vice Chair transmitting for Council consideration, a bill amending zoning conditions in Ordinance No PM-2002-362, relating to zoning designation in Lihu e, Kaua i. (See Proposed Draft Bit I No. 2210) C 2007-88 Communication (01/23/2007) from the Director of Finance transmitting for Council information, Financial Reports--Month Ending September .30 2006 (Copies of Detailed Budget Report (Listing), Statement of Reuenu.es-Estimated and Actual (Listing), Statement of Expenditures and Encumbrances (Listing), and Revenue Report (Listing), are on file in the County Clerk's Office) C 2007-89 Commnunication (01/23/2007) from the Director of Finance transmitting for Council information, Financial Reports--Month Ending October 31, 2006 (Copies of Detailed Budget Report (Listing), Statement of Revenues-Estimated and Actual (Listing), Statement of Expenditures and Encumbrances (Listing), and Revenue Report (Listing), are on file in the County Clerk's Office). C 2007-90 Commmunication (01/24/2007) from the Director of Finance transmitting for Council information, Financial Reports--Month Ending November 30 2006 (Copies of Detailed Budget Report (Listing), Statement of Revenues-Estimated and Actual (Listing), Statement of Expenditures and Encumbrances (Listing), and Revenue Report (Listing), are on file in the County Clerk's Office) C 2007-91 Communication (01/24/2007) from the Director of Finance transmitting for Council information, Financial Reports--Month Ending December .31 2006 (Copies of Detailed Budget Report (Listing), Statement of Revenues-Esti.mmcited and Actual (Listing), Statement of Expenditures and Encumbrances (Listing), and Revenue Report (Listing), are on file in the County Clerk's Office) Council Meeting Agenda .3 February 14, 2007 C 2007-92 Communication (01/25/2007) from the Mayor transmitting for Council information, his reappointment of Cecilia Puna Dawson, 2nd Term, to the County of Kauai Public Access Open Space & Natural Resources Preservation Fund Commission. C 2007-98 Communication (01/19/2007) from the Fire Chief, requesting agenda time at the Council meeting on February 14, 2007 to brief the Council on the results of the Hawaii Insurance Bureaus Public Protection Classification survey C 2007-94 Conununication (02/01/2007) from the Mayor transmitting for Council confirmation, his appointment of Paul M. Weil, 1Gt Term, to the County of Kaua i Building Board of Appeals C 2007-95 Conununication (01/25/2007) from the Mayor transmitting for Council confirmation, his appointment of Norbert H. Watanabe 1Gt Term, to the County of Kaua i Building Board of Appeals C 2007-96 Communication (01/26/2007) from the Mayor transmitting for Council confirmation, his appointment of Eric L. Nordmeier Jr 1Gt Term, to the County of Kaua i Board of Review C 2007-97 Communication (01/31/2007) from the Mayor transmitting for Council confirmation, his appointment of Sherman Shiraishi, 1st Term, to the County of Kauai Charter Commission. C 2007-98 Communication (01/24/2007) from the Mayor transmitting for Council confirmation, his appointment of Randy Finlay 1st Term, to the County of Kauai Cost Control Commission. C 2007-99 Conununication (02/02/2007) from the Mayor transmitting for Council confirmation, his appointment of Gerald S Matsunaga, 1st Term, to the County of Kaua i Liquor Control Commission. C 2007-100 Conununication (02/07/2007) from the Mayor transmitting for Council confirmation, his appointment of Dawn Murata, 1Gt Term, to the County of Kaua i Salary Commission. Council Meeting Agenda 4 February 14, 2007 C 2007-101 Communication (02/07/2007) from the Mayor transmitting for Council confirmation, his appointment of Burt Akamine, Pt Term, to the County of Kaua i Board of Ethics C 2007-102 Communication (01/30/2007) from the Executive on Aging and the Offices of Community Assistance Director requesting Council approval to apply for receive and expend $5.3 190 00 in federal funds from the Administration on Aging and indemnify the State Executive Office on Aging These funds will provide Kauai s older adults 60+ to participate in this physical activity program for a one (1) year period, the first of an anticipated three (3) year grant. C 2007-103 Conununication (02/02/2007) from the Prosecuting Attorney requesting Council approval to receive and expend $1 700 of state asset forfeiture funds from the State of Hawaii Department of the Attorney General to procure one (1) projector C 2007-104 Conununication (02/02/2007) from the Prosecuting Attorney requesting Council approval to receive and expend additional federal funds in the amount of $22350 00 for the Kauai VOCA (Victims of Crime Act) Expansion Project, which commenced on October 1 2005 and will expire on September .30 2007 The additional funding will be expended on salaries for the Office of the Prosecuting Attorney Victim/Witness Program and to extend the consultant contracts with the YWCA of Kaua i. C 2007-105 Communication (02/02/2007) from the Prosecuting Attorney requesting Council approval to apply for receive, and expend $186,84100 in federal funds for the Kauai VOCA (Victims of Crime Act) Expansion Project, and to indemnify the State of Hawaii, Department of the Attorney General. These funds will be expended on salaries operational expenses and training costs for the Office of the Prosecuting Attorney Victim/Witness program commencing on May 16 2007 C 2007-106 Conununication (02/02/2007) from the Prosecuting Attorney requesting Council approval to apply for receive, and expend $54 193 00 in state funds and approval to indemnify the State of Hawaii, Department of the Attorney General. These funds will be expended for the Victim Witness Assistance Program, Victim Witness Counselor II position ($13,548 00 County matching funds) and to cover a portion of the employee benefits for the term July 1 2007 through June 30 2008 Council Meeting Agenda 5 February 14, 2007 C 2007-107 Communication (02/01/2007) from the Council Chair transmitting for Council consideration and approval, a resolution appointing Dennis Alkire to a first term on the Historic Preservation Review Commission as a Council appointee (See Resolution No. 2007-43) C 2007-108 Communication (02/07/2007) from the Director Office of Economic Development, requesting Council approval to accept and expend $1,275,556 00 from the Department of Labor and Industrial Relations to the Kauai Workforce Investment Board (KWIB) for activities related to supporting the administration and delivery of services in Hawai i s One Stop Career Centers and to indemnify the State of Hawaii, Department of Labor and Industrial Relations (Agreement ora file i.ri the County Clerk's Office) C 2007-11.3 Communication (01/26/2007) from the Chief, Building Division, Department of Public Works transmitting for Council information, the monthly Building Permit Information for November and December 2006 LEGAL DOCUMENT C 2007-56 Communication (11/16/2006) from the Mayor recommending Council approval of an Exchange Warranty Deed from Smith- Waterhouse Family of Koloa-Beach Homes LLC dedicating to the County of Kauai, a roadway lot in exchange to purchase a portion of an abandoned road right-of-way (Maulili Road) and transmitting- Exchange Warranty Deed from Smith-Waterhouse Family of Koloa-Beach Homes LLC dedicating to the County of Kauai, a roadway lot in exchange to purchase a portion of an abandoned road right-of-way (Maulili Road) (The Piebli.c Works Committee recommended opprot,al ora 02/06/2007) C 2007-109 Right of Entry Agreement with Princeville Mauka Village LLC for Council approval of the indemnification provisions as outlined in Item #3 - Maintenance and Repair; Observance of Law (environmental indemnification) and Item #6 - Liabilitv and Indemnification (general indemnification) as recommended in a communication (01/29/2007) from the Solid Waste Program Administrative Officer Council Meeting Agenda 6 February 14, 2007 CLAIMS C 2007-110 Communication (01/05/2007) from the County Clerk, transmitting a claim filed against the County of Kauai by David N Clary for damages to his vehicle, pursuant to Section 23 06 Charter of the County of Kauai. C 2007-111 Conununication (01/31/2007) from the County Clerk, transmitting a claim filed against the County of Kauai by James Kunane Tokioka, for damages to his vehicle pursuant to Section 23 06 Charter of the County of Kaua i. C 2007-112 Conununication (02/06/2007) from the County Clerk, transmitting a claim filed against the County of Kauai by Jade J Aguiar for damages to her vehicle pursuant to Section 23 06 Charter of the County of Kauai. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORTS: CR-PW 2007-5: on PW 2007-2 ('ommunication (1/29/2007) from Mel Rapozo, Public Works Committee Chair requesting agenda time for a presentation by Eric Lombardi, Executive Director Eco-Cycle [Received for the record.] CR-PW 2007-6 on C 2007-56 (Iommunication (11/16/2006) from the Mayor recommending Council approval of an Exchange Warranty Deed from Smith-Waterhouse Family of Koloa-Beach Homes, LLC dedicating to the County of Kaua'i, a roadway lot in exchange to purchase a portion of an abandoned road right-of way (Maulili Road) and transmitting • Exchange Warranty Deed from Smith-Waterhouse Family of Koloa-Beach Homes, LL(' dedicating to the County of Kaua'i, a roadway lot in exchange to purchase a portion of an abandoned road right-of way (Maulili Road) [Approved.] Council Meeting Agenda 7 February 14, 2007 COMMUNITY ASSISTANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORTS: CR-P/REC 2007-2: on Bill No 2206 AS AMENDED RELATING TO THE OPERATING BirDGET OF THE ('01rNTY OF KAirAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2006 THROUGH JUNE '00 2007 BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($96,012.00 Salaries, Dept. of Parks 3 Recreation, Admin.) [Approved.] CR-P/REC 2007-3: on Bill No 2207 AN ORDINANCE AMENDING SECTION 10-2.1 OF THE KAirAI COUNTY CODE 1957 AS AMENDED RELATING TO SALARIES OF CERTAIN OFFICERS (Parks and Recreation) [Approved.] RESOLUTIONS Resolution No 2007-23 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE COST CONTROL COMMISSION (Michelle Swartman, First Term) (Defer-r-ed 01 /31 /2007 perrdirrg interview) Resolution No 2007-27 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE FIRE COMMISSION (Jan C Rudinoff, First Term) (Deferred 01 /31 /2007 pending interview) Resolution No 2007-33 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CHARTER COMMISSION (Maxine Correa, First Term) Resolution No 2007-34 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CHARTER COMMISSION (Derek Kawakami, First Term) Resolution No 2007-35 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CHARTER COMMISSION (Leonard Vierra, First Term) Resolution No 2007-36 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF ETHICS (Leila Fuller First Term) Council Meeting Agenda 8 February 14, 2007 Resolution No 2007-37 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF ETHICS (Matthew Higa, First Term) Resolution No 2007-38 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF ETHICS (Judith Lenthall, First Term) Resolution No 2007-39 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE FIRE COMMISSION (Guy Croydon, First Term) Resolution No 2007-40 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE FIRE COMMISSION (Wayne Mukai, First Term) Resolution No 2007-41 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE FIRE COMMISSION (Garland Simpson, First Term) Resolution No 2007-42 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE SALARY COMMISSION (Virginia M. Kapali, First Term) Resolution No 2007-4.3 RESOLUTION APPOINTING A MEMBER TO THE HISTORIC PRESERVATION REVIEW COMMISSION (County Council Appointee) (Dennis Alkire-Architect, First Term) BILLS FOR FIRST READING Proposed Draft Bill No 2208 - AN ORDINANCE AMENDING ORDINANCE NO B-2006-646 AS AMENDED RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUA I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1 2006 THROUGH JUNE .30 2007 BY REVISING THE SURPLUS ESTIMATED IN THE GENERAL FUND (Kapaia Swinging Bridge - $200 000) Proposed Draft Bill No 2209 - AN ORDINANCE AMENDING ORDINANCE NO B-2006-646 AS AMENDED RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1 2006 THROUGH JUNE 30 2007 BY REVISING THE SURPLUS ESTIMATED IN THE GENERAL FUND (Keapana Swinging Bridge - $35 000) Council Meeting Agenda 9 February 14, 2007 Proposed Draft Bill No 2210 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITIONS IN ORDINANCE NO PM-2002-362, RELATING TO ZONING DESIGNATION IN LTHU E, KAUA I (Kaua i County Council, Applicant) BILLS FOR SECOND READING Bill No 2206 - AS AMENDED RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1 2006 THROUGH JUNE 30 2007 BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($96 012.00 Salaries Dept. of Parks & Recreation, Admin.) (The Community Assi.staitice/Iititergoueritimeitital Relations Committee recommended approval oil 02-06-2007 Bill No 2207 - AN ORDINANCE AMENDING SECTION 3-2.1 OF THE KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO SALARIES OF CERTAIN OFFICERS (Parks and Recreation) (The Community Assi.staiticeIIititergoveritimeitital Relations Committee recommended approval oil 02-06-2007 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) (Corufidenticd reports oil file till the County Attorruey's Office cmd/or the County Clerk's Office. Discussiorus held till Executive Sessioru are closed to the public ) 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, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO 241-6371.