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HomeMy WebLinkAbout2006-11-09 agendaCOUNCIL MEETING NOTICE and AGENDA THURSDAY, NOVEMBER 9, 2006 9:00 A.M. OR SOON THEREAFTER 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: Special Council Meeting of October 25, 2006 Public Hearing of October 11, 2006, re: Bill No. 2173, Bill No. 2197, and Bill No. 2198 CUMMUNICATIUNS: C 2006-336 Communication (10/28/2006) from the Director of Finance, transmitting for Council information, Financial Reports--Month Ending July 31, 2006 (Copies of Detciiled Budget Report (Listirug), Stcitemerat of Reueraiees-Esti.mcited cirad Actucil (Listi.rrg), Stcitemerat of Experadi.tier~es cirad Errcumbr~cirrces (Listi.rrg), cirad Reueraiee Report (Listirug), cir~e oru file tiro the Couruty Clerk's Office). C 2006-337 Communication (10/18/2006) from the Chief of Field (_~~erations and Maintenance, Department of Public Works, requesting Council approval of the Island Wide Resurfacing List for FY 2006-2007. C 2006-338 Commnunication (10/19/2006) from the Administrator, Iiaua`i Civil Defense Agency, requesting Council approval to accept and expend grant funds totaling $1,138,582.00 from the U.S. Department of Homeland Security, via the State Civil Defense for the following amounts, and which will be used for the following: Council Meeting Agenda 2 November 9, 2006 1. 2006 State Homeland Security Grant Program - $882,000 to enhance capability of State and local units of government from incidents of terrorism using chemical, biological, radiological, nuclear and explosive weapons and cyber attacks, 2. 2006 Law Enforcement Terrorism Prevention Program - $268,000 to provide law enforcement with enhanced capabilities for detecting, deterring, disrupting and preventing acts of terrorism, and 3. 2006 (~'itizen (~'orps Program - $38,582 - to support (~'itizen (~'orps (~'ouncils with planning, outreach, and management of (~'itizen (~'orps programs and activities. (~' 2006-339 (~'oimnunication (10/20/2006) from the Prosecuting Attorney, requesting (~'ouncil approval to apply for, receive, and expend $46,823 in federal funds for the Domestic Violence Prosecution Unit, that will be used to prosecute crimes of domestic violence, and to indeimiify the State of Hawaii, Department of the Attorney General. C 2006-340 Communication (10/26/2006) from the Director, Offices of Community Assistance, requesting Council approval to accept a donation of a memorial bench by the Friends of the Crams, in memory of Ryan Cram, which will be placed at Iiapa`a Beach Park and has an estimated value of $500.00. C 2006-341 Communication (10/27/2006) from the Mayor, requesting Council approval to include the following three (8) projects in the 2007 Iiaua`i County Legislative package: 1. Pouli Road Improvements $ 500,000 2. Ballfield and Recreation Facility Light Retro-fit 800,000 8. C'oqui Frog Eradication 290,000 TOTAL $1,590,000 (~' 2006-342 (~'oimnunication (10/27/2006) from Mel Rapozo, HSAC (Hawai`i State Association of (~'ounties) Representative for the (~'ounty of Iiaua`i, transmitting for (~'ouncil consideration, a proposal relating to unadjudicated traffic fines, that the HSA(~' Executive (~'ominittee recommends be included as part of the 2007 HSA(~' Legislative Package. Council Meeting Agenda 8 November 9, 2006 C 2006-343 Communication (10/27/2006) from the Council Chair, transmitting for Council consideration and approval, his nomination of C'ouncilmember Shaylene Iseri-Carvalho as the Kauai County Council's representative to the Congresswoman Patsy T. Mink Commission, which was established by Act 92, Session Laws of Hawaii 2006, to develop proposals for the Legislature to recognize and honor the good works of Congresswoman Mink. (~' 2006-344 Commnunication (11/02/2006) from Councihnember Shaylene Iseri-Carvalho, requesting the County Engineer to be present at the November 0, 2006 Council meeting to update the Council as to the status of the Iiapaia Swinging Bridge. (~' 2006-345 Request (11/02/2006) from the Office of the County Attorney for authorization to retain special counsel to represent County defendants in Dominador Louez, et al. v. County of Iiaua`i and Danilo Abadilla, Civ. No. 06-00325 JMS/IiSC (U.S. District Court, District of Hawaii) and related matters, and expend special counsel funds of up to $200,000. C 2006-346 Request (11/02/2006) from the Office of the County Attorney requesting approval to expend up to $200,000 for special counsel's continued representation of County defendants in lone C. Lum v. Kauai County Council, et al., Civ. No. 06-00068 S(_)M/BMIi (U.S. District Court, District of Hawaii) and related matters. LEGAL DOCUMENT: C 2006-347 Dedication Deed from Bradford C Preitauer, and Donna H. Preitauer, Trustees of the Bradford C & Donna H. Preitauer Trusts, dedicating to the County, a roadway lot (Lot 4), Preitauer Subdivision, Subdivision of Lot 6-A, Wailua Homesteads, Wailua, Kawaihau, (Puna), Kauai, Hawaii, to accommodate future road widening improvements to Pu`u opae Road. CLAIMS: (~' 2006-348 Commnunication (10/18/2006) from the County Clerk, transmitting a claim filed against the County of Kauai by Merrilee Mia Ako on behalf of the Iiaua`i Economic Development Board Inc., for loss of office property, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 4 November 9, 2006 (~' 2006-349 Connnunication (10/27/2006) from the County Clerk, trantirnitting a claim filed againtit the County of Iiaua`i by USAA Catiualty Intiurance Company for Sutian A. Williarnti, for damageti to her vehicle, pnrtinant to Section 23.06, Charter of the County of Iiaua`i. COMMITTEE REPORTS: PARKS & PUBLIC WORKS COMMITTEE REPORTS: CR-PPW 2006-29: on PPW 2006-8 Communication (10/26/2006) from Councilmember Shaylene Iseri-Caxvalho, requesting that the Administration be present to give an update on the bike/l~edestx2an path between Hanama ulu Bay and Lydgate Park. [Received for the record.] CR-PPW 2006-30: on Bill No. 2197 BILLS Fc_)R SECc_)ND READING: AN ORDINANCE AMENDING ORDINANCE NU. B- 2006-6~6 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF IiAUA'I, STATE OF HAWAII, FUR. THE FISCAL YEAR. JULY 1, 2006 THROUGH J[JNE 30, 2007, BY REVISING THE STJRPLTJS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($562,79.00 I~lauea Bridge) [Approved.] Bill No. 2197 - AN ORDINANCE AMENDING ORDINANCE NO. B-2006-646 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF I~AUA`I, STATE OF HAWAII, F( )R THE FISCAL YEAR JULY 1, 2006 THR( )UGH JUNE 30, 2007, BY REVISING THE SURPLUS AND APPR( )PRIATIONS ESTIMATED IN THE GENERAL FUND ($862,479.00 Iulauea Bridge) (Tire Parks & Public IVorks Committee recommended approval orr 11 /01 /?006) EXECUTIVE SESSION: Purtiuant to Haw. Rev. Stat. ("H.R.S.") §92-7(a), the Council may, when deemed necetitiary, hold an executive tietitiion on any agenda item without written public notice if the executive tietitiion watt not anticipated in advance. Any tiuch executive tietitiion tihall be held pnrtinant to H.R.S. §92-4 and tihall be limited to thotie itemti deticribed in H.R.S. §92-5(a). (Confidential reports orti file tiro the Couruty Attorney's Office cirud/or the Couruty Clerk's Office. Discussiorus held tiro Executive Sessioru cire closed to the public.) Council Meeting Agenda 5 November 9, 2006 ES-239 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4), the purpose of this executive session is for the Office of the County Attorney to provide a Council briefing on Bruce Fehrine, et al. v. James H. Pflueeer, et al., Civ. No. 06-1-0082 (Fifth Circuit Court) 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. (Defer~r~ed 10/25/2006) ES-241 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4)-(6) and 92F-13(2)-(3), the purpose of this executive session is to provide a (~'ouncil briefing on the case of Doininador Louez, et al. v. (~'ounty of Iiaua`i and Danilo Abadilla, (~'iv. No. 06-00325 JMS/IiS(~' (U.S. District (~'ourt, District of Hawaii) and related matters. This consultation involves consideration of the powers, duties, privileges, immnunities and/or liabilities of the (~'ouncil and the (~'ounty as they relate to this agenda item. ES-242 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4)-(6) and 92F-13(2)-(3), the purpose of this executive session is to provide a (~'ouncil briefing on the case of Rine (~'. Lum v. Iiaua`i (~'ounty (~'ouncil, et al., (~'iv. No. 06- 00068 SOM/BMIi (U.S. District (~'ourt, 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. Council Meeting Agenda 6 November 9, 2006 NOTE: If the Council is not finished with this meeting by approxima 1:30 p.m., it will recess for public hearings. After the public heari the Council ~~rill reconvene to complete any unfinished business. Bill No. 2199 - AN ORDINANCE AMENDING ORDINANCE NO. B-2t~06-645, RELATING TO OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FI. YEAR ~TULY 1, 20D6 TO TUNE 30, 2©07, BY REVISING THE BUDGET PROVISIONS Review Permit Processing & Inspection Revolving Fund") For complete information, including a summary of the item, please refer to the of Notice of Public Hearing. The official Notice of Public Hearing has been published, p on the bulletin board, and filed in the Caunty Clerk's Office as required by Natw~thstanding this Cauncil Agenda, the Cauncil may bald a public hearing on any which has been posted in advance in compliance ~Tith the Sunshine Lav~T. 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.