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Home My WebLink About2006-08-30 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, AUGUST 30, 2006 9:00 A.M. Cc_)UNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu'e, Iiaua'i, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the followine meetines of the Council: Mid-Month Meeting of July 26, ?006 C(_)MMUNICATI(_)NS: C 2006-246 Communication (06/26/2006) from the County Engineer, requesting Council approval of a $80,000 grant to Leadership Iiaua'i, a non-profit entity and sponsoring agency for this community build project, to purchase chainlink fence materials for Iiapa'a New Park, and to fully indemnify Leadership Iiaua'i, including its agents and assigns, during the construction and installation of the chainlink fencing by the community organizations and volunteers. (Defer~r~ed 08/16/2006) C 2006-277 Communication (08/17/2006) from C'ouncilmember Mel Rapozo, Energy & Public Safety Coimnittee Chair, transmitting for Council consideration, a revised bill that prohibits horses and other equines from the bike and pedestrian paths and the Iiealia cane haul road, that clarifies the areas where equestrian use will be prohibited. (See Proposed Draft Bill No. 2195) Council Meeting Agenda 2 August 80, 2006 C 2006-278 Communication (08/04/2006) from the County Engineer, transmitting for Council action, a resolution closing `Eiwa Street as part of the Lihu`e Civic Center Site Improvements Project after completion of the environmental assessment, the final master plan, and the necessary road and site improvements. (See Resolutioru No. 2006-29) C 2006-279 Commnunication (08/07/2006) from the Mayor, transmitting for Council information, the Iiaua`i Humane Society's Fourth C~luarter Report for FY2006. C 2006-280 Commnunication (08/15/2006) from the Accounting Systems Administrator, transmitting for Council information, the annual certified physical inventory reports for fiscal year ending June 30, 2006. (Reports on file iar fire County Clerk's nffi.ce) C 2006-281 Commnunication (07/31/2006) from the Council Chair, requesting that the Director, Offices of Community Assistance, and the Executive on Housing update the Council at the August 80, 2006 Council meeting on the status of the County of Kaua`i's proposed affordable housing policy. C 2006-282 Communication (08/08/2006) from the Chief, Building Division, requesting Council approval to upend $468,000 of the Bond Fund Regional Parks Improvement funds for the Lydgate Sports Fields Project, to provide fencing, special grassing, and an irrigation system for two (2) of the three (3) fields. C 2006-283 Communication (08/17/2006) from the Prosecuting Attorney, requesting Council approval to receive and expend: 1. $535 of State Asset Forfeiture Funds from the State of Hawaii Department of the Attorney General, and 2. $415 of Federal Asset Forfeiture Funds from the U.S. Department of Justice, to procure one (1) HP Pocket PC for the Prosecuting Attorney. Council Meeting Agenda 8 August 30, 2006 C 2006-284 Communication (08/17/2006) from the Prosecuting Attorney, requesting Council approval to: 1. apply for, receive, and upend $60,000 in federal funds from the (_~ffice of Juvenile Justice and Delinquency Prevention (~)JJDP) through the State of Hawaii, Department of Human Services, ~ )ffice of Youth Services, which will be used to provide a training seminar on Kauai on cognitive behavioral case management of youth, and to expand the Iiaua`i Teen Court Program to provide cognitive behavioral treatment assessments to 50 juvenile law violators, and 2. indemnify the State of Hawaii. CLAIMS: C 2006-285 Communication (08/04/2006) from the County Clerk, transmitting a claim filed against the Cowxty of Iiaua`i by Department of the Attorney General, Criminal Justice Division, State of Hawaii, for payment of forfeited money that belongs to the State Forfeiture Program, pursuant to Section 28.06, Charter of the County of Kauai. C 2006-286 Commnunication (08/07/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Mercury Insurance Group, for damages to their insured vehicle, pursuant to Section 23.06, Charter of the County of liaua'i. C 2006-287 Commnunication (0810912006) from the County Clerk, transmitting a claiun filed against the County of haua`i by Elaine Dunbar, for medical bills, pursuant to Section 23.06, Charter of the County of Kauai. C 2006-288 C'oxmnunication (08/10/2006) from the County Clerk, transmitting a claim filed against the County of Kauai by Clifford Cabinatan, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2006-289 Communication (08/14/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by lien Huneycutt, for damages to his vehicle, pursuant to Section 28.06, Charter of the County of Kauai. Council Meeting Agenda 4 August 80, 2006 Cc_)MMITTEE REPc_)RTS: COMMUNITY ASSISTANCE COMMITTEE REPORT: CR-CA 2006-13: on CA 2006-10 Communication (8/3/2006) from Kenneth Rainforth, Executive Assistant, submitting a proposed revision to the Kauai Lagoons Affordable Housing Agreement. [Received for the record.] COMMITTEE OF THE WHOLE REPORT: CR-W 2006-7: on Resolution No RESULUTIUNS: 2006-26 RESOLUTI( )N PR( )POSING x A CHARTER AMENDMENT TO RESTRUCTURE THE DEPARTMENT OF WATER AS AN EXECUTIVE AGENCY SUBJECT TO THE MAYOR'S EXECUTIVE MANAGEMENT AND COUNCIL'S LEGISLATIVE OVERSIc xHT [Referred to the full Council.] Resolution No. 2006-80, RES(_)LUTI(_)N APP(_)INTING MEMBER T(_) THE SALARY C(_)MMISSI(_)N (County Council Appointee - Partial Term) (Virginia Kapali) (Defer~r~ed 08/16/2006) Resolution No. 2006-26, RES(_)LUTI(_)N PR(_)P(_)SING A CHARTER AMENDMENT Tc_) RESTRUCTURE THE DEPARTMENT OF WATER AS AN EXECUTIVE AGENCY SUBJECT Tc_) THE MAYc_)R'S EXECUTIVE MANAGEMENT AND C(_)UNCIL'S LEGISLATIVE OVERSIGHT (Public hecir~irug held 08/23/2006) Resolution No. 2006-29, RESOLUTION AUTHORIZING CLOSURE OF `EIWA STREET, LIHU`E, KAUAI Council Meeting Agenda 5 August 30, 2006 BILL FOR RECONSIDERATION: Bill No. 2193 - A BILL FOR AN ORDINANCE AMENDING SECTIONS 19- 1.3 AND 19-1.4, KAUAI COUNTY CODE, 1987, AS AMENDED, RELATING TO REGULATION AND CONTROL OF COUNTY PARKS AND RECREATION AREAS [Approved first reading on August 16, 2006] BILLS FOR FIRST READINt~: Proposed Draft Bill No. 2195 - A BILL FOR AN ORDINANCE AMENDING ARTICLE 1, CHAPTER 19, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REGULATION AND CONTROL OF COUNTY PARKS AND RECREATION AREAS EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") X92-7(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. X92-4 and shall be limited to those items described in H.R.S. X92-5(a). (Canfide~atial repar•ts an file in the. County Attorney's office, andlar the County Clerk's Office. Discussions held in Executive Session are closed to the public.) ES-230 Pursuant to Haw. Rev. Stat. ~~92-4 and 92-5(a)(4), the purposes 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 for Sanchez v. County of Kauai, Civ. No. 04-1-0136. The briefing and consultation involves consideration of the powers, duties, privileges, immunities, andlor 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, I~AUA`I. TELEPHONE NO. 241-6371.