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Home My WebLink About08-08-2007 COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, AUGUST 8, 2007 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 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 July 11 2007 Mid-Month Meeting of July 25 2007 Special Meeting of July 25 2007 Public Hearing of July 25 2007 re Bill No 2231 COMMUNICATIONS. C 2007-270 Communication (07/10/2007) requesting that the County Engineer be present at the July 25 2007 Council meeting to discuss the Americans with Disabilities Act (ADA) Transition Plan for the County (Deferred 712512007) C 2007-274 Communication (06/15/2007) from the Chief of the Building Division, requesting Council approval to accept a donation from Merle D Grimes of approximately $6 000 for preparation of final design plans for ADA campsites at Lydgate Park, including all revisions necessary for a clean review from the Disability and Communication Access Board (DCAB) (Deferred 7/25/2007 ) C 2007-282 Communication (07/24/2007) from the County Engineer transmitting for Council action, a bill transferring $300 000 from the Fiscal Year 2007-2008 Capital Budget Project Contingency in the General Fund to a new appropriation for the repair of the Kapaia Bridge (See Proposed Draft Bill No. 2234) C 2007-283 Communication (07/09/2007) from the Chief, Building Division, Department of Public Works transmitting for Council information, the Building Permit Information Report for June 2007 that includes the following items 1 Building Permit Processing Report 2. Building Permit Estimated Value of Plans Summary 3 Building Permits Tracking Report 4. Building Permits Status Council Meeting Agenda 2 August 8 2007 C 2007-284 Communication (07/13/2007) from the Purchasing & Assistant Contracts Administrator transmitting for Council information, the amended FY 06/07 4th (quarter Statement of Equipment Purchases (Report on file in the County Clerk's Office) C 2007-285 Conununication (07/20/2007) from the Director of Finance transmitting for Council information, Period 12 Financial Reports- Statement of Revenues as of June 30 2007 (Detailed Budget Report, Statement of Reueuues (Estimated and Actual), Statement of Expenditures and Encumbrances, and Reueuue Report on file in the County Clerk's Office) C 2007-286 Communication (08/02/07) from the Planning Director recommending Council acceptance of a donation by the Koloa Community Association (valued at $446 000) of the lioloa-Po ipu Area Circulation Plan, which was prepared by Jim Charlier & Associates that will serve the County as a valuable resource for future improvements and programs for the lioloa-Po ipu area. ("lioloa-Po ipu Area Circulation Plan on file in the County Clerk s Office) C 2007-287 Conununication (06/12/2007) from the Acting Chief of Police requesting Council approval to expend approximately $25 000 from the asset forfeiture account to purchase a computer to produce secure KPD (Kaua i Police Department) employee identification cards C 2007-288 Communication (07/19/2007) from the Acting Chief of Police requesting Council approval to accept a donation from the North Shore Council of minor building improvements to the Hanalei Substation, which includes painting and installation of new flooring in the designated Commanders office and renovation of the briefing room. Volunteers will be providing the labor and materials equipment, and supplies will be also donated. C 2007-289 Conununication (07/19/2007) from the Prosecuting Attorney requesting Council approval to apply for receive, and expend federal funds in the amount of $44 074 of the Edward Byrne Memorial Justice Assistance Grant (JA(x) Fiscal Year 2007 Local Solicitation Subpoena Services Grant to hire a private company to deliver subpoenas for the Office of the Prosecuting Attorney from September 1 2007 through June 30 2009 and to indemnify the State of Hawaii, Department of the Attorney General. Council Meeting Agenda .3 August 8 2007 C 2007-290 Communication (07/26/2007) from the Prosecuting Attorney requesting Council approval to apply for receive, and expend a Juvenile Accountability Block Grant of $10 678 00 to continue the Kauai Teen Court Program and the Youth Level Service/Case Management Inventory Program from August 1 2007 and to indemnify the State of Hawaii Department of Human Services ()ffice of Youth Services C 2007-291 Request (07/27/2007) from the Office of the County Attorney for authorization to engage special counsel and authorization to expend moneys from the $50 000 00 Deposit and Reimbursement Agreement signed March 7 2006 for Community Facilities District matters C 2007-292 Request (07/30/2007) from the Office of the County Attorney for authorization to expend up to $75 000 00 for special counsel to represent the County defendants in Koloa Marketplace LLC vs. County of Kauai et al., Civ No 06-00570 HG/BMK (IT.S District Court, District of Hawai i) and related matters CLAIMS. C 2007-293 Communication (07/0:3/2007) from the County Clerk, transmitting a claim filed against the County of Kauai by Araceli Gonzalez Ratcliffe, for emotional distress pursuant to Section 23 06 Charter of the County of Kaua i. C 2007-294 Communication (07/17/2007) from the County Clerk, transmitting a claim filed against the County of Kauai by Artemio Andres for damages to his vehicle pursuant to Section 2R 06 Charter of the County of Kauai. C 2007-295 Communication (07/23/2007) from the County Clerk, transmitting a claim filed against the County of Kauai by Jason M. Lewis for damages to his vehicle, towing cost, loss of personal property medical bills and pain and suffering including future damages pursuant to Section 23 06 Charter of the County of Kaua i. C 2007-296 Communication (07/24/2007) from the County Clerk, transmitting a claim filed against the County of Kauai by Thomas D Yano for Helen Sina, for personal injuries medical bills lost earnings and lost opportunities for earnings out-of-pocket expenses and pain and suffering, pursuant to Section 23 06 Charter of the County of Kaua i. Council Meeting Agenda 4 August 8 2007 COMMITTEE REPORTS FINANCE/ECONOMIC DEVELOPMENT COMMITTEE REPORT CR-F/ED 2007-7 on F/ED 2007-2 Communication (7/12/2007) from Jay Furfaro, Finance/Economic Development Committee Chair requesting agenda time for a presentation of the Kaua'i Planning & Action Alliance Community Indicators Report 2006 [Received for the record.] COMMUNITY ASSISTANCE/IGR COMMITTEE REPORT CR-CA/IGR 2007-6: on CA/IGR 2007-3 Communication (7/26/2007) from Shaylene Iseri-Carvalho, Community Assistance/ Intergovernmental Relations Committee Chair requesting that the Administration be present to give an update on the status of the Hanapepe Adolescent Residential Treatment ('enter [Received for the record.] SPECIAL ORDER OF THE DAY (Bill for First Reading) Bill No 2228 - AN ORDINANCE AMENDING ORDINANCE NO B-2007-665 AS AMENDED RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUA I, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1 2007 THROUGH JUNE .30 2008 BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Parks and Recreation. Salaries - $96,924 and Special Projects Ka Leo O Kauai - $25 000) (Tie cote 7125107) BILL FOR FIRST READING Proposed Draft Bill No 2234 - AN ORDINANCE AMENDING ORDINANCE NO B-2007-657 AS AMENDED RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1 2007 THROUGH JUNE 30 2008 BY REVISING THE SURPLUS ESTIMATED IN THE GENERAL FUND ($300 000 - Kapaia Bridge Replacement) 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.) Council Meeting Agenda 5 August 8 2007 ES-290 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purpose of this executive session is to consult with the County Attorney for a briefing regarding the claim of Evelyn C Johnston. 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. ES-291 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purpose of this executive session is to consult with the County Attorney for a briefing regarding the claim of Dennis Sarita. 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. ES-292 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purpose of this executive session is to consult with the County Attorney for a briefing regarding the claim of Tony S K. Gonzalez. 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. ES-298 Pursuant to Hawaii Revised Statutes sections 92-4 92-5(4) and (8) the purpose of this executive session is to provide a Council briefing on the authorization to retain special counsel and authorization to expend moneys from the $50 000 00 Deposit and Reimbursement Agreement signed March 7 2006 for Community Facilities District matters This 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-294 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 Koloa Marketplace, LLC vs. County of Kaua i, et al., Civ No 06-00570 HG/BMK and related matters 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 FIFE (5) DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK, 4396 RICE STREET, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO 241-6371