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HomeMy WebLinkAbout02-28-2007 COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, FEBRUARY 28, 2007 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4,396 Rice Street, Room 201 Lihu e, Iiaua i, Hawai i MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council. Regular Meeting of January 31 2007 Special Meeting of January 29 2007 Special Meeting of January .31 2007 COMMUNICATIONS PW 2007-3 Communication (2/15/2007) from Mel Rapozo Public Works Committee Chair requesting that the Administration be present to give an update and status report on the County s bicycle/pedestrian pathway project which encompasses various segments from Ahukini to Anahola. (Tke Public Works Committee recommended referral to Me Full Council orr 0212112007) C 2007-114 Communication (02/02/2007) from the Chief, Engineering Division, transmitting for Council approval, a traffic resolution establishing a speed hump on Nehe Road, Lihue District. (See Resolution No. 2007-44) C 2007-115 Communication (02/22/2007) from the Council Chair transmitting for Council consideration, amendments to Resolution No 2007-02 Resolution Adopting Rules of the County of Kauai for the ()rganization and the Transaction of Business and Resolution No 2007-0.3 Resolution Relating to the Appointment of the Chairpersons Vice Chairpersons and Members of the Several Standing Committees of the Council. (See Resolutions Nos. 2007-53, cmd 2007-54) Council Meeting Agenda 2 February 28 2007 C 2007-116 Communication (02/07/2007) from the Executive on Recreation, transmitting for council approval a bill amending Ordinance No 787 relating to peddlers at Spouting Horn, extending the term of awarding retail vending concessions at Spouting Horn from noon June .30 2007 to noon June .30 2012 (See Proposed Draft Bill No. 2211) C 2007-117 Communication (01/29/2007) from the Mayor transmitting for Council information, the Kauai Humane Society s Second (quarter Report for FY 2007 cash flow analysis and organizational chart. C 2007-118 Communication (02/16/2007) from the Director of Finance transmitting for Council information, his certification of the unreserved-undesignated fund balances of all County funds as of June.30 2006 C 2007-119 Communication (02/02/2007) from the County Engineer requesting Council approval to purchase electronic surveying equipment (Total Station) with data collection capabilities for engineering and mapping purposes replacing existing surveying equipment that is no longer compatible with current computerized software which will cost approximately $15,500 00 and will be funded with unexpended funds from the Engineering Division budget within the Public Works Department. C 2007-120 Communication (02/02/2007) from the Parks Administrator requesting Council approval to accept a donation of approximately $120 000 from the Friends of Kamalani and Lydgate Park, of a shade tree planting program which will include providing shade trees and associated irrigation improvements at the Harry and Jeannette Weinberg Sports Park. C 2007-121 Communication (02/05/2007) from the Executive on Aging, requesting Council approval to apply for accept, and expend $77 627 00 in federal funds from the Corporation for National and Community Service, which will be used to continue the operations of the Kauai RSVP (Retired and Senior Volunteer Program) project for the 2007 program year (January 1 2007 - December .31 2007) Council Meeting Agenda .3 February 28 2007 C 2007-122 Communication (02/07/2007) from the Executive on Aging, requesting Council approval to receive, indemnify the State of Hawaii, and expend $59,80100 of additional State funds for the Knpuna Care program, that will be used to supplement the homemaker personal care, and adult care services The funding period for the additional funding is July 1 2006 to June .30 2008 C 2007-123 Conununication (02/09/2007) from the Executive on Housing transmitting for Council review and approval, proposed policy revisions to the County s Leasehold Sales Program, which include. 1 Extending the lease term from 55 years to 99 years 2. Having the leasehold sales price be the same as its appraised leasehold market value (improvements value) 3 Charging a periodic (quarterly) ground rent fee instead of total payment in advance at purchase and 4. Changing the lessee s appreciation from a set interest rate to the actual change in value of the improvements C 2007-124 Conununication (02/09/2007) from the Mayor transmitting for Council confirmation, his appointment of Marlene Matutino 1Gt Term, to the County of Kaua i Cost Control Commission. C 2007-125 Communication (02/08/2007) from the Mayor transmitting for Council confirmation, his appointment of Ryan M. de la Pena, Pt Term, to the County of Kaua i Civil Service Commission. C 2007-126 Communication (02/14/2007) from the Mayor transmitting for Council confirmation, his appointment of Camilla C Matsumoto 1st Term, to the County of Kauai Planning Commission. C 2007-127 Communication (02/16/2007) from the Mayor transmitting for Council confirmation, his appointment of Darney L. Proudfoot, 1st Term, to the County of Kaua i Fire Commission. C 2007-130 Request (02/02/2007) from the Office of the County Attorney for authorization to expend up to $20 000 from the special counsel account to continue to retain outside counsel to represent the County in Henry Alfred Barriga, et al., v. County of Kauai, CV 05- 00327 HG/KSC (U.S District Court) and John Keikiala Aana v. Countv of Kauai, CV 05-00328 HG/BMK (U S District Court) and associated matters Council Meeting Agenda 4 February 28 2007 C 2007-1.31 Communication (02/22/2007) from the Council Chair requesting that the Mayor s Administrative Assistant be present at the February 28 2007 Council meeting to provide an update on the status of the donation of the Koloa-Po ipu Area Circulation Plan developed with Charlier Associates Inc. from the Koloa Community Association. LEGAL DOCUMENT C 2007-128 Grant of Non-Exclusive Water Line Easement from Kealia Makai Holdings LLC a Delaware limited liability company to the County of Kauai, a non-exclusive water line easement, TMK. 4-7-007-02 CPR No 2 (Lot 2713) and indemnifying the Grantor to provide water service to the subject comfort stations CLAIMS C 2007-129 Conununication (02/13/2007) from the County Clerk, transmitting a claim filed against the County of Kauai by DTG Operations Subrogation Department, for damages to a Dollar Rent-a-Car vehicle, pursuant to Section 28 06 Charter of the County of Kaua i. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT CR-PW 2007-7 on PW 2007-3 Cammmucation (2/15/2007) from Mel Rapozo, Public Works Committee Chair requesting that the Administration be present to give an update and status report on the ('aunty s bicycle/pedestrian pathway project which encompasses various segments from Ahukini to Anahola. [Referred to full Council.] COMMUNITY ASSISTANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT CR-CA/IGR 2007-2: on CA/IGR 2007-2 ('ommun cation (01/10/2007) from Councilmember Mel Rapozo, requesting that the Administration be present to give an update of the house that was donated to the County for the Adolescent Residential Treatment ('enter [Received for the record.] Council Meeting Agenda 5 February 28 2007 COMMITTEE OF THE WHOLE REPORT CR-W 2007-1: on Bill No 2108 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 5A OF THE IiAITAI COITNTY CODE 1987 RELATING TO REAL PROPERTY TAX [Received for the record.] RESOLUTIONS Resolution No 2007-34 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CHARTER COMMISSION (Derek Kawakami, First Term) (Defer-r-ed 02/14/2007perudirugiruterview) Resolution No 2007- 44 RESOLUTION ESTABLISHING SPEED HUMP AT NEHE ROAD LTHU E DISTRICT Resolution No 2007-45 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Norbert H. Watanabe First Term) Resolution No 2007-46 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Paul M. Weil, First Term) Resolution No 2007-47 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CHARTER COMMISSION (Sherman Shiraishi, First Term) Resolution No 2007-48 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE COST CONTROL COMMISSION (Randy Finlay First Term) Resolution No 2007-49 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF ETHICS (Kurt Akamine First Term) Resolution No 2007-50 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Gerald S Matsunaga, First Term) Council Meeting Agenda 6 February 28 2007 Resolution No 2007-51 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF REVIEW (Eric L. Nordmeier Jr First Term) Resolution No 2007-52 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE SALARY COMMISSION (Dawn Murata, First Term) Resolution No 2007-53 RESOLUTION AMENDING RESOLUTION NO 2007-02, RELATING TO ADOPTING RULES OF THE COUNCIL OF THE COUNTY OF KAUAI FOR THE ORGANIZATION OF COMMITTEES AND THE TRANSACTION OF BUSINESS Resolution No 2007-54 RESOLUTION AMENDING RESOLUTION NO 2007-03 RELATING TO THE APPOINTMENT OF THE CHAIRPERSONS VICE CHAIRPERSONS AND MEMBERS OF THE SEVERAL STANDING COMMITTEES OF THE COUNCIL OF THE COUNTY OF KAUA I BILLS FOR FIRST READING Proposed Draft Bill No 2211 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 28 OF THE KAUA I COUNTY CODE 1987 BY AMENDING SECTION 23-3.3(a) RELATING TO PEDDLERS AT THE SPOUTING HORN BILLS FOR SECOND READING Bill No 2108 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 5A OF THE KAUAI COUNTY CODE 1987 RELATING TO REAL PROPERTY TAX (The Committee of the Whole recom.m.errded this be received for the record oil 02-21- 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) (Confidential reports oil file in the County Attorney's Office and/or the County Clerk's Office. Discussions held in Executi.ue Session are closed to the public.) Council Meeting Agenda 7 February 28 2007 ES-257 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 in the case of Henrv Alfred Barriea, et al., v. Countv of Kauai, CV 05-00327 HG/KSC W.S District Court) and John Keikiala Aana v. Countv of Kauai, CV 05-00328 HG/BMK W S District Court) 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. ES-258 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purpose of this executive session is to provide a Council briefing on legal issues pertaining to the County s bicycle/pedestrian pathway project encompassing various segments from Ahukini to Anahola, specifically whether or not the county is in compliance with the requirements of the law as it pertains to shoreline certification. 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. 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.