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HomeMy WebLinkAbout03-28-2007 COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, MARCH 28, 2007 10:00 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. Public Hearing of March 15 2007 re Bill No 2208 and Bill No 2209 COMMUNICATIONS C 2007-145 Communication (08/09/2007) from the Council Vice Chair requesting that the Acting County Attorney be present at the March 15 2007 Council meeting to provide clarification on the opinion from the County Attorneys office regarding the validity of the shoreline certification for the bike path. (Deferred 0311512007) C 2007-151 Communication (03/15/2007) from the Mayor submitting his FY 2007-2008 budget message, along with his proposed operating budget and capital improvements budget. (Detailed Line Item on file in the County Clerk's Office ) (See Resolrrtiorr No. 2007-61 and Proposed Draft Bills No. 2216 and No. 2217) C 2007-152 Communication (03/15/2007) from the Director of Finance transmitting for Council action, a bill transferring $200 000 from the operating budget unappropriated surplus account to the Office of the County Attorney Consultant Services-Special Counsel account, for unanticipated expenses associated with litigation and outstanding special counsel fees and costs (See Proposed Draft Bill No. 2218) Council Meeting Agenda 2 March 28 2007 C 2007-153 Communication (03/15/2007) from the Director of Finance transmitting for Council action, an amendment to the County Salary Ordinance by adding a Deputy Fire Chief position. (See Proposed Draft Bill No. 2219) C 2007-154 Communication (03/15/2007) from the Director of Finance transmitting for Council action. an amendment to increase the tipping fee schedule for the disposal of solid waste at County Landfills Transfer Stations and Debris Recycling Stations (See Proposed Draft Bill No. 2220) C 2007-155 Communication (01/24/2007) from the Director of Planning, transmitting the Planning Commissions approval to recommend amendments to General Street Standards for Subdivisions to require residential subdivision developments to include traffic calming elements on newly constructed streets (See Proposed Draft Bill No. 2221) (Staff report and evaluation dated January 23, 2007, and Public Hearing minutes of October 24, 2006, and December 12, 2006 are on file in Me County Clerk's Office) C 2007-156 Communication (03/02/2007) from the Mayor transmitting for Council action. 1) the cost items for Unit 11 (firefighters) for appropriations and 2) a bill approving the agreement for Unit 11 for the period of July 1, 2007 through June 30, 2011 (See Proposed Draft Bill No. 2222) C 2007-157 Communication (03/16/2007) from Councilmember JoAnn A. Vukimura, transmitting for Council action, a bill abolishing the Offices of Community Assistance and creating separate agencies under the Office of the Mayor for elderly affairs housing, and transportation. (See Proposed Draft Bill No.2223) C 2007-158 Communication (02/28/2007) from the Executive on Housing transmitting for Council consideration, a resolution recognizing April 9-15 2007 as National Community Development Week 2007 and celebrating the Community Development Block Grant (CDB('T) program. (See Resolution No. 2007-62) C 2007-159 Communication (03/13/2001) from the Executive on Housing, transmitting for Council consideration, a resolution authorizing exemptions for the Kalepa Village Rental Project. (See Resolution No. 2007-63) Council Meeting Agenda .3 March 28 2007 C 2007-160 Communication (01/08/2007) from the Director of Finance transmitting for Council information, Statement of Condition of the County Treasury as of January 8 2007 C 2007-161 Communication (03/22/2007) from the County Clerk, requesting that the County Attorney be present at the March 28 2007 Council meeting to provide clarification and guidance on 2006 Charter Amendment relating to conflict of interest of Councilmembers C 2007-162 Communication (03/07/2007) from the Director Offices of Community Assistance requesting Council approval to apply for receive and expend a grant in the amount of $4381.84 from the Department of Human Services to sponsor a one (1) clay activity to bring together Dads and their families with a goal of building a coalition of Dads on Kauai, and to help strengthen their roles with their children in families C 2007-163 Communication (03/07/2007) from the Executive on Recreation, requesting Council approval to apply for receive and expend a food service grant in the amount of approximately $25 000 00 from the Department of Education Food Service Branch, State of Hawaii, for lunch meal service for children enrolled in the 2007 Summer Enrichment Program, and to indemnify the State of Hawaii as additional insured. C 2007-164 Submittal by the Salary Commission of the County of Kaua i. 1 Preliminary Report dated March 15 2007 and 2. Resolution Relating to Executive Salaries C 2007-165 Communication (03/16/2007) from the Mayor transmitting for Council confirmation, his appointment of Caven K. Raco 1Gt Term, to the County of Kaua i Planning Commission, replacing Jeff Mira, who resigned effective March 1 2007 C 2007-166 Communication (08/19/2007) from Mel Rapozo President, Hawaii State Association of Counties (HSAC) transmitting for Council approval, the FY 2007-2008 HSAC Proposed Annual Operating Budget. Council Meeting Agenda 4 March 28 2007 C 2007-167 Communication (03/12/2007) from Mel Rapozo Council Vice Chair requesting Council approval of the following nominations for FY 2007-2008 1 to continue serving as the Hawaii State Association of Counties (HSAC) representative 2. that Councilmember Shaylene Iseri-Carvalho serve as the alternate .3 to continue serving as one of the State of Hawai i directors to the Western Interstate Region (WIR) Board, and that 4. Councilmember Iseri-Carvalho continue serving as one of the State of Hawai i directors to the National Association of Counties (NACo) LEGAL DOCUMENTS C 2007-146 Grant of Non-Exclusive Water Line Easements submitted by Building Division Chief for approval by the Council, from Kealia Makai Holdings LLC a Delaware limited liability company to the County of Kauai, for- 1 Water Line Easement 1 - (Kealia Beach) TMK. 4-7-007-001 CPR No 1 (Lot 1A) 2. Water Line Easement 2 - (Kealia Kai Parking Lot) TMK. 4-7-007-027 CPR No 2 (Lot 27B) and .3 indemnifying the Grantor (Tke Piebli.c Works Committee recommended opprot,al on 0312112007) CLAIMS C 2007-168 Communication (03/19/2007) from the County Clerk, transmitting a claim filed against the County of Kaua i by Helen Iwai, for damages to her vehicle pursuant to Section 28 06 Charter of the County of Kaua i. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORTS: CR-PW 2007-10: on Bill No 2208 AN ORDINANCE AMENDING ORDINANCE NO B. 2006-646 AS AMENDED RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAI I, FOR THE FISCAL YEAR JULY 1, 2006 THROUGH JUNE 30 2007 BY REVISING THE SURPLUS ESTIMATED IN THE GENERAL FUND (Kapaia Swinging Bridge $200000) [Approved.] Council Meeting Agenda 5 March 28 2007 CR-PW 2007-11: on 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 JITLY 1, 2006 THROUGH JUNE 30 2007 BY REVISING THE SURPLUS ESTIMATED IN THE GENERAL FUND (Keapana Swinging Bridge $35,000) [Approved.] CR-PW 2007-12: on LEGAL DOCUMENT C 2007-146 Grant of Non-Exclusive Water Line Easements, submitted by Building Division Chief for approval by the ('ouncil, from Kealia Makai Holdings, LL(' a Delaware limited liability company to the County of Kaua'i, for 1 Water Line Easement 1 - (Kealia Beach), TMK. 4-7-007-001 CPR No. 1 (Lot 1A) 2. Water Line Easement 2 (Kealia Kai Parking Lot), TMK. 4-7-007-027 ('PR No. 2 (Lot 27B), and indemnifying the Grantor [Approved.] RESOLUTIONS Resolution No 2007-61 RESOLUTION ESTABLISHING THE REAL PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1 2007 TO ) JUNE 30 2008 FOR THE COUNTY OF KAUAI Resolution No 2007-62, RESOLUTION RECOGNIZING APRIL 9-15 2007 AS NATIONAL COMMUNITY DEVELOPMENT WEEK 2007 Resolution No 2007-63 RESOLUTION AUTHORIZING EXEMPTIONS FOR KALEPA VILLAGE RENTAL PROJECT Resolution No 2007-23 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE COST CONTROL COMMISSION (Michelle Swartman, First Term) Resolution No 2007-64 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CHARTER COMMISSION (Jonathan Chun, First Term) Resolution No 2007-65 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CHARTER COMMISSION (Walter Briant, First Term) Council Meeting Agenda 6 March 28 2007 Resolution No 2007-66 RESOLUTION AMENDING RESOLUTION NO 2007-1.3 CONFIRMING A MAYORAL APPOINTMENT TO THE PLANNING COMMISSION (Caven K. Raco Business Designation, First Term) BILLS FOR FIRST READING Proposed Draft Bill No 2216 - A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1 2007 TO JUNE 30 2008 Proposed Draft Bill No 2217 - A BILL FOR AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1 2007 TO JUNE 30 2008 Proposed Draft Bill No 2218 - AN ORDINANCE AMENDING ORDINANCE NO B-2006-645 AS AMENDED RELATING x TO THE OPERATING x BUDGET OF THE COUNTY OF KAUA1, 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 (Special Counsel - $200000) Proposed Draft Bill No 2219 - AN ORDINANCE AMENDING SECTION .3-2.1 (a) OF THE KAUA I COUNTY CODE 1987 AS AMENDED RELATING TO SALARIES OF CERTAIN OFFICERS (Deputy Fire Chief) Proposed Draft Bill No 2220 - A BILL FOR AN ORDINANCE AMENDING SUBSECTIONS (a) AND (b) OF SECTION 21-9.2 OF THE KAUAI COUNTY CODE 1987 RELATING TO INTEGRATED SOLID WASTE MANAGEMENT (Tipping fees) Proposed Draft Bill No 2221 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 9 KAUAI COUNTY CODE 1987 RELATING TO STREET REQUIREMENTS FOR SUBDIVISIONS (Traffic calming elements) Proposed Draft Bill No 2222 - A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING x AGREEMENT FOR BARGAINING x UNIT 11 BETWEEN JULY 1 2007 AND JUNE 30 2011 (Firefighters) Council Meeting Agenda 7 March 28 2007 Proposed Draft Bill No 2223 - A BILL FOR AN ORDINANCE REORGANIZING THE OFFICES OF COMMUNITY ASSISTANCE INTO SEPARATE AGENCIES OF HOUSING TRANSPORTATION AND ELDERLY AFFAIRS BY AMENDING SECTIONS 2-16 2-1 16 2-1 18 2-1 19 2-1.20 AND .3-2.1 OF THE KAUA I COUNTY CODE, 1987 AS AMENDED BILLS FOR SECOND READING Bill No 2208 - 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 (Kapaia Swinging Bridge - $200 000) (The Public Works Committee recommended approual on 0312112007) 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) (The Public Works Committee recommeuded approual oil 0312112007) 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) (Coufideutial reports oil file till the County Attoruey's Office and/or the Couuty Clerk's Office. Discussious held till Executive Sessiou are closed to the public ) ES-261 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purpose of this executive session is to consult with legal counsel on legal liabilities and opinions (both written and oral) pertaining to the County s Ahukini - Anahola bicycle/pedestrian pathway project ("Project') specifically whether the Projects permits (including, but not limited to the Kapa a - Kealia Project segment) are in compliance with requirements of law pertaining to Chapter 205A of the Hawaii Revised Statutes (Coastal Zone Management), the Special Management Area Rules and Regulations of the County of Kauai, the County of Kauai Planning Department Shoreline Setback Rules and Regulations Title 13 Chapter 222 Hawaii Administrative Rules (Shoreline Certifications) Chapter 1830 of the Hawaii Revised Statutes (Conservation District) and Title 13 Chapter 5 Hawaii Administrative Rules (Conservation District) 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 03/15/2007) Council Meeting Agenda 8 March 28 2007 ES-262 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purpose of this executive session is to consult with legal counsel, including the Administration, on the court s findings and determinations contained in the Order Granting Defendant Mandalay s Renewed Motion for Summary Judgment in the matter of County of Kaua i v. Mandalay Pronerties Hawaii LLC, et al., Civ No 05-00052 KSC (U.S District Court) Mandalav Properties Hawaii LLC v. County of Kauai, Case No 05-1538.3 W S Court of Appeals 9th Circuit) and related matters The further purpose of this executive session is to deliberate towards and make a decision regarding these 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. (Deferred 0312112007) ES-263 Pursuant to Haw Rev Stat. §§92-4 and 92-5(a)(4) the purpose of this executive session is to consult with the Councils legal counsel on questions and issues pertaining to the Council s powers duties privileges immunities and liabilities regarding the 2006 Charter amendment relating to conflict of interest of Councilmembers 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.