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Home My WebLink About09-15-2010 Council Agenda (ds)COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, SEPTEMBER 15, 2010 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS 3371 -A Wilcox Road Lihu`e, Kauai, Hawaii 96766 MEETING CALLED TO ORDER, ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following meetings of the Council: Public Hearing of August 11, 2010 re: Bills Nos. 2367 and 2368 Public Hearing of August 25, 2010 re: Bills Nos. 2366, 2369, 2370, 2371, 2372, 2373, 2374 and 2375 Council Meeting of August 11, 2010 Council Meeting of August 25, 2010 Special Council Meeting of September 8, 2010 COMMUNICATIONS: C 2010 -237 Communication (08/04/2010) from the Director of Personnel Services, transmitting for Council information, the Fourth Quarter Reports (April — June) relating to vacancies, new hires, reallocations, promotions, and positions established, pursuant to Section 20 of the County Budget Ordinance. C 2010 -238 Communication (08/03/2010) from the Chief of the Building Division, Department of Public Works, transmitting for Council information, the Building Permit Information Reports for July 2010: (1) Building Permit Processing Report (2) Building Permit Estimated Value of Plans Summary (3) Building Permits Tracking Report (4) Building Permits Status C 2010 -239 Communication (08/24/2010) from the Director of Planning, requesting Council approval to apply for, receive and expend funds from the Sustainable Communities Regional Planning Grant Program administered by the U.S. Department of Housing and Urban Development (HUD) for $1 million, of which the County will match funding in the amount of $600,000 from the FY 2010 -2011 General Plan update appropriation. C 2010 -240 Communication (08/03/2010) from the Director of Housing, requesting Council approval to decline its repurchase right to buy back property located at 3592 Makaala Street, Hanapepe, Hawaii 96716, TMK (4) 1 -8- 015 -043 and that the Housing Agency issue the devisee a one -year waiver of the County's repurchase right effective the date of the Council's decision, thus permitting the devisee to sell the unit on the open market for a period of one year. Council Meeting Agenda 2 September 15, 2010 C 2010 -241 Communication (09/08/2010) from the Director of Economic Development, requesting Council approval to Re- direct departmental utility bill paying and maintenance funds from the County's Annual Operating Budget for subsequent fiscal years, subject to availability to pay for the annual financing costs of the energy savings Performance Contract program. C 2010 -242 Communication (09/01/2010) from the HSAC President, requesting Council review and approval of the following proposals to be included in the 2011 Hawaii State Association of Counties (HSAC) Legislative Package: 1. Proposed Bill Relating to the Employer -Union Health Benefits Trust Fund (county representation on the board of trustees) 2. Proposed Bill Relating to the Employees' Retirement System (county representation on the board of the trustees) 3. Proposed Bill Relating to the Penal Code (assault against a firefighter or water safety officer) 4. Proposed Bill Relating to Traffic Infractions (uncontested traffic infractions; fines and forfeitures to counties) 5. Proposed Bill Relating to Counties (appointment of county liquor administrators) 6. Proposed Bill Relating to Counties (appointment of personnel directors of neighbor island counties) C 2010 -243 Communication (09/08/2010) from the Mayor, transmitting for Council's consideration a proposed resolution establishing a Complete Streets policy for the County. (See Resolution No. 2010 -48.) LEGAL DOCUMENT: C 2010 -244 Communication (09/02/2010) from the Mayor recommending approval of the following from Michael Lombardi, Trustee of Michael Lombardi Revocable Living Trust dated April 7, 1992: • Dedication Deed conveying Lot 9, Hauiki Estates Subdivision, Kapa`a Homesteads, 2nd Series, Waipouli, Kauai, Hawaii, to the County for road widening improvements along Hauiki Road. CLAIMS: C 2010 -245 Communication (08/25/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Joyce G. Anglemyer for loss of personal income, pursuant to Section 23.06, Charter of the County of Kauai. C 2010 -246 Communication (8/26/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Progressive Casualty Insurance Co., as subrogee for Ryan Shigematsu for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 3 September 15, 2010 COMMITTEE REPORTS: CR -B &F 2010 -21: on Bill No. 2369 AN ORDINANCE AMENDING ORDINANCE NO, B- 2010 -706 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($70,000.00 — Hanapepe Bridge Pedestrian Walkway Repairs) [Approved.] CR -B &F 2010 -22: on Bill No. 2370 AN ORDINANCE AMENDING ORDINANCE NO, B- 2010 -705 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($76,000.00 — Contribution to Solid Waste Fund) [Approved.] CR -B &F 2010 -23: on Bill No. 2371 AN ORDINANCE AMENDING ORDINANCE NO, B- 2010 -706 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($400,000.00 — Project Contingency) [Approved.] CR -B &F 2010 -24: on Bill No. 2372 AN ORDINANCE AMENDING ORDINANCE NO, B- 2010 -705 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($822,391.00 — Solid Waste Fund; $603,121.00 — Sewer Fund) [Approved.] Council Meeting Agenda 4 September 15, 2010 CR -B &F 2010 -25: on Bill No. 2373 AN ORDINANCE AMENDING ORDINANCE NO, B- 2010 -705 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($200,000.00 — Sewer Fund, `Ele`ele Main Replacement, Waialo Road & Highway) [Approved.] CR -B &F 2010 -26: on Bill No. 2374 A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO, B- 2010 -705, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011 BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($95,000.00 — Solid Waste — Host Community Benefit (CAC Process)) [Approved as Amended.] CR -B &F 2010 -27: on Bill No. 2375 AN ORDINANCE AMENDING ORDINANCE NO, B- 2010 -706, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011 BY REVISING THE BUDGET PROVISIONS (Kekaha Host Community Benefits accrued interest account) [Approved.] PUBLIC WORKS /ELDERLY AFFAIRS COMMITTEE CR- PWE 2010 -10: on Bill No. 2367 RESOLUTIONS: A BILL FOR AN ORDINANCE AMENDING SECTION 21 -9.1, AND SECTION 21 -9.3 OF THE KAUAI COUNTY CODE 1987, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT [Approved as Amended.] Resolution No. 2010 -48, A RESOLUTION ESTABLISHING A COMPLETE STREETS POLICY FOR THE COUNTY OF KAUAI Council Meeting Agenda 5 BILLS FOR SECOND READING: September 15, 2010 Bill No. 2369 — AN ORDINANCE AMENDING ORDINANCE NO. B- 2010 -706 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($70,000.00 — Hanapepe Bridge Pedestrian Walkway Repairs) (The Budget & Finance Committee recommended approval; see CR -B &F 2010 -21) Bill No. 2370 — AN ORDINANCE AMENDING ORDINANCE NO. B- 2010 -705 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($76,000.00 — Contribution to Solid Waste Fund) (The Budget & Finance Committee recommended approval; see CR -B &F 2010 -22) Bill No. 2371 — AN ORDINANCE AMENDING ORDINANCE NO. B- 2010 -706 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($400,000.00 — Project Contingency) (The Budget & Finance Committee recommended approval; see CR -B &F 2010 -23) Bill No. 2372 — AN ORDINANCE AMENDING ORDINANCE NO. B- 2010 -705 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($822,391.00 — Solid Waste Fund; $603,121.00 — Sewer Fund) (The Budget & Finance Committee recommended approval; see CR -B &F 2010 -24) Bill No. 2373 — AN ORDINANCE AMENDING ORDINANCE NO. B- 2010 -705 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($200,000.00 — Sewer Fund, `Ele`ele Main Replacement, Waialo Road & Highway) (The Budget & Finance Committee recommended approval; see CR -B &F 2010 -25) Bill No. 2374, Draft 1 — A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO, B- 2010 -705, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011 BY REVISING THESURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($95,000.00 — Solid Waste — Host Community Benefit (CAC Process)) (The Budget & Finance Committee recommended approval as amended; see CR -B &F 2010 -26) Bill No. 2375 — AN ORDINANCE AMENDING ORDINANCE NO. B- 2010 -706, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011 BY REVISING THE BUDGET PROVISIONS (Kekaha Host Community Benefits accrued interest account) (The Budget & Finance Committee recommended approval; see CR -B &F 2010 -27) Council Meeting Agenda 6 September 15, 2010 Bill No. 2367, Draft 1 — A BILL FOR AN ORDINANCE AMENDING SECTION 21 -9.1, AND SECTION 21 -9.3 OF THE KAUAI COUNTY CODE 1987, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT (The Public Works /Elderly Affairs Committee recommended approval as amended; see CR -PWE 2010 -10) EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. CH.R.S.') x'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. x'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.) ES -465 Pursuant to Haw. Rev. Stat. § §92 -4 and 92- 5(a)(4) and (8), and Kauai County Charter section 3.07(E), the Office of the County Attorney requests an executive session with the Council to provide the Council a briefing and update in Debra Santiago, as next friend for Sienna Santiago, a minor v. County of Kauai, et al., Civ. No. 08 -1 -0210, Arb. Case No. 08- 1 -0210A (Fifth Circuit Court) and related matters. The briefing and 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 -466 Pursuant to Haw. Rev. Stat. sections 92 -4 and 92- 5(a)(4), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide Council with a briefing and to request authority to pay Claim for Surplus Funds Resulting From the Non - Judicial Foreclosure Sale of Real Property submitted by Glenn Yaka and dated May 11, 2010 and related matters. This briefing and 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 -467 Pursuant to Haw. Rev. Stat. sections 92 -4 and 92- 5(a)(4), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide Council with a briefing and to request authority for a possible settlement proposal in the case of County of Kauai vs. HRT Realty, LLC, Civil No. 09 -1 -0192 (Circuit Court of the Fifth Circuit) and related matters. This briefing and 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 FIVE (5) DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK, 3371 -A WILCOX ROAD, LIHU`E, KAUAI. TELEPHONE NO. 241 -41880