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Home My WebLink About04-11-2007 COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, APRIL 11, 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. Regular Meeting of March 15 2007 Special Meeting of March 15 2007 Special Council Meeting of March 21 2007 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 0312812007) C 2007-169 Communication (undated) from the Mayor transmitting for Council action, amendments to the Kauai County Code 1987 to reflect changes relative to the newly created Department of Parks and Recreation. (See Proposed Draft Bills Nos. 2224 and 2225) C 2007-'170 Communication (03/19/2007) from the Chief, Engineering Division, transmitting for Council action, a traffic resolution establishing a school bus stop on Koloa Road. (See Resolution No. 2007-67) Council Meeting Agenda 2 April 11 2007 C 2007-171 Communication (08/15/2007) from the Executive on Housing transmitting for Council action, amendments to Resolution No 2007-55 increasing the FY 2007 CDBG allocation by $5 457 00 to $812305 00 (See Resolutionu No. 2007-55) C 2007-172 Communication (08/08/2007) from the Director of Personnel Services transmitting for Council information, the second quarter report (October-December) relative to vacancies established positions new hires reallocations and promotions (Confidential reports on file in the County Clerk's Office.) C 2007-173 Conununication (03/23/2007) from Councilmember Ronald Kouchi, transmitting for Council information, his written disclosure of a possible conflict of interest on C 2007-148 from the March 15 2007 Council meeting agenda, because he has family members who are employed at Garden Island Disposal, Inc. C 2007-174 Conununication (03/30/2007) from the Chief, Building Division, Department of Public Works transmitting for Council information, the Building Permit Information Report for February 2007 C 2007-176 Communication (08/07/2007) from the Executive on Recreation, requesting Council approval to include and indemnify the Department of Educations Chiefess Kamakahelei Middle School, Koloa Elementary School, and Wilcox Elementary School as an additional insured in its agreement to use the school s facilities for the operation of the 2007 Summer Enrichment Program from June 1.3 to July 20 2007 C 2007-177 Communication (08/12/2007) from the Executive on Housing requesting Council approval to receive and expend $400 000 00 of State Grant funds pursuant to Act 100 for temporary emergency shelters for homeless individuals and families and informing the Council that Kaua i Economic Opportunity Inc. was selected as the nonprofit to utilize these funds C 2007-178 Conununication (03/12/2007) from the Ho olokahi Coordinator requesting Council approval of a $5 000 Ho olokahi Program grant application from UA KEIKI KAKOU (OUR CHILDREN) organization to undertake/install improvements at the Waimea War Memorial Swimming Pool, which includes to purchase and install a solar water heater system, a window replacement, paint, tile installation, lavatory replacement, and other building renovations Council Meeting Agenda .3 April 11 2007 C 2007-179 Communication (03/28/2007) from the Mayor transmitting for Council confirmation, his appointment of James E. Nishida, Jr Partial Term (Environmental) replacing Imaikalam Ain, to the County of Kauai Planning Commission. CLAIMS C 2007-175 Communication (03/19/2007) from the County Clerk, transmitting a claim filed against the County of Kauai by Deborah Parker for property damage pursuant to Section 23 06 Charter of the County of Iiaua i. COMMITTEE REPORT PLANNING COMMITTEE REPORT CR-PL 2007-3: on PL 2007-1 Communication (2/26/2007) from JoAnn A. Yukimura, Planning Committee ("hair requesting that the Administration be present to give a progress report on the Planning Departments efforts to process and certify as complete AD1T Facilities Clearance Forms by June 15, 2007 as required by Ordinance No. 840' [Received for the record.] RESOLUTIONS Resolution No 2007-55 RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2007 ACTION PLAN (COMMUNITY DEVELOPMENT BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND 1987 (PUBLIC LAWS 93-383 AND 100-242) AS AMENDED (Deferred 03/15/2007) Resolution No 2007-56 RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2007 ACTION PLAN (HOME INVESTMENT PARTNERSHIPS PROGRAM) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE II OF THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT OF 1990 AS AMENDED (Deferred 03/15/2007) Council Meeting Agenda 4 April 11 2007 Resolution No 2007-67 RESOLUTION ESTABLISHING A SCHOOL BUS STOP ON KOLOA ROAD VICINITY OF IWIP(_)'(_) ROAD KOLOA DISTRICT COUNTY OF KAUA I Resolution No 2007-68 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CHARTER COMMISSION (John D Constantino First Term) Resolution No 2007-69 RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF WATER SUPPLY (Leland K. Kahawai, Partial Term) Resolution No 2007-70 RESOLUTION AMENDING RESOLUTION NO 2005-29 CONFIRMING A MAYORAL APPOINTMENT TO THE PLANNING COMMISSION (James E. Nishida, Jr Environmental Designation, First Term) BILLS FOR FIRST READING Proposed Draft Bill No 2224 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 2, KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO COUNTY DEPARTMENTS (Parks and Recreation) Proposed Draft Bill No 2225 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 19 KAUAI COUNTY CODE 1987 AS AMENDED RELATING TO PUBLIC PARKS AND RECREATION 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 iru the Couruty Attorruey's Office cmd/or the County Clerk's Office. Discussiorus held iru Executive Sessioru 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 1.3 Chapter 222 Hawaii Administrative Rules (Shoreline Certifications) Chapter 1830 of the Hawaii Revised Statutes (Conservation District) and Title 1.3 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 03/28/2007) Council Meeting Agenda 5 April 11 2007 ES-265 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 a proposed settlement in the matter of Jacquelyn K. Tokashiki vs. George Freitas, Civil No CV 03-00065 ACK/LEK (tT S District Court) and related matters The further purpose of this executive session is to deliberate towards and make a decision regarding this proposed settlement. 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 0410412007) ES-266 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 the case of Bing C. Lum v. Kauai County Council, et al. Civ No 06-00068 S()M/BMK (U S District Court, District of Hawaii) 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: If the Council isnot finished with this meeting by approximately 1:30 p.m., it will recess for public hearings. After the public hearings, the Council will reconvene to complete any unfinished business. Proposed Draft Bill No. 2212 A BILL FOR AN ORDINANCE TO A141END CHAPTER 23 OF THE IiAI'47 COUNTY" CODE 1981, BY AMENDING ARTICLE 3 RELATING TO PEDDLERS AND CONCESSIONAIRES For complete information, including a summary of the item, please refer to the official Notice of Public Hearing The official Notice of Public Hearing has been published, posted on the bulletin board, and filed in the County Clerk's Office as required by law Notwithstanding this Council Agenda, the Council may hold a public hearing on any item which has been posted in advance in compliance with the Sunshine Law 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.