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HomeMy WebLinkAbout01-26-2011 Council AgendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, JANUARY 26, 2011 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: Inaugural Meeting of December 1, 2010 (Deferred 01/12/2011) Council Meeting of December 15, 2010 Public Hearing of January 12, 2011 re: Bills Nos. 2387, 2388, 2389, 2390, 2391, and 2392 COMMUNICATIONS: C 2011 -37 Communication (12/03/2010) from the Chief, Building Division, Department of Public Works, transmitting for Council information, the Building Permit Information Reports for November 2010: 1) Building Permit Processing Report 2) Building Permit Estimated Value Summary 3) Building Permits Tracking Report 4) Building Permits Status C 2011 -38 Communication (12/29/2010) from the Purchasing Division, Department of Finance, transmitting for Council information, the Fiscal Year 2010 -2011 Second Quarter Statement of Equipment Purchases. (Reports on file in the County Clerk's Office.) C 2011 -39 Communication (12/29/2010) from the County Engineer, Department of Public Works, transmitting for Council consideration, a traffic resolution establishing no parking at any time restrictions along portions of Po`ipu Road in the vicinity of the Grand Hyatt Kauai Resort & Spa. (See Resolution No. 2011 -34) C 2011 -40 Communication (12/30/2010) from the Director of Finance, transmitting for Council information, the Schedule of Fund Balances for Fiscal Year ending June 30, 2010, pursuant to Section 19.14 of the Kauai County Charter. Council Meeting Agenda 2 January 26, 2011 C 2011 -41 Statement of the Condition of the County Treasury as of November 16, 2010. C 2011 -42 Communication (01/10/2011) from Councilmember Nakamura, providing written disclosure of possible conflicts of interest relating to the interviews of the mayoral appointees to the Planning Commission and the Board of Water Supply at the January 11, 2011 Special Council Meeting, and Resolution Nos. 2011 -11, 2011 -14, and 2011 -18 regarding the aforementioned appointees at the January 26, 2011 Council Meeting, due to her sub - contractual relationship with the consultant firm Wilson Okamoto & Associates (who has a contract with the County of Kauai, Planning Department) and her sub - contractual relationship with the consultant firm Kodani & Associates (who has a contract with the County of Kauai, Department of Water). C 2011 -43 Communication (01/19/2011) from Councilmember Nakamura, providing written disclosure of a possible conflict of interest relating to the interview of a mayoral appointee to the Board of Water Supply at the January 25, 2011 Special Council Meeting, and Resolution No. 2011 -24, regarding the appointee, at the January 26, Council Meeting, due to her sub - contractual relationship with the consultant firm Kodani & Associates, who has a contract with the County of Kauai Water Department. C 2011 -44 Communication (12/20/2010) from the Chief of Police, requesting Council approval to apply for, accept, and expend funds from the State of Hawaii, Highway Safety Project Grant through the State of Hawaii, Safe Community Program — Safety Office, in the amount of $28,004.00, to provide for law enforcement overtime and public education through banners and public service announcements, relating to distracted driving, which includes Ordinance No. 892 — Use of Mobile Electronic Devices While Operating a Vehicle. (Copy of Application is on file in the County Clerk's Office.) C 2011 -45 Communication (01/14/2011) from the Mayor, transmitting for Council consideration, a proposed resolution establishing a sister -city relationship with the Municipality of Laoag, Province of Ilocos Norte, Republic of the Philippines, whose City Council has already approved such a relationship with the County of Kauai. (See Resolution No. 2011 -35) C 2011 -46 Communication (01/14/2011) from the Director of Finance, transmitting for Council consideration, a $525,448.00 appropriation from the surplus and appropriations estimated in the General Fund to the Golf Fund to fund anticipated revenue shortfalls and repair work at the Wailua Golf Course. (See Proposed Draft Bill (No. 2396)) Council Meeting Agenda 3 January 26, 2011 C 2011 -47 Communication (01/14/2011) from the Director of Finance, transmitting for Council consideration, a $417,238.00 appropriation from the surplus and appropriations estimated in the General Fund to the Solid Waste Fund to fund anticipated shortfalls and equipment upgrades that will improve compaction at the Kekaha Landfill. (See Proposed Draft Bill (No. 2397)) C 2011 -48 Communication (01/14/2011) from Councilmember Rapozo, requesting the Administration's presence to provide the Council with an update on the relocation of the Kekaha Lifeguard Tower. C 2011 -49 Communication (01/18/2011) from Councilmember Bynum, transmitting for Council consideration, a $300,000.00 appropriation from the surplus and appropriations estimated in the General Fund to the Office of the County Clerk — Council Services Division, to fund unanticipated costs associated with furniture and equipment for the Historic County Building, and other operational costs associated with the renovation of the Historic County Building. (See Proposed Draft Bill (No. 2398)) C 2011 -50 Communication (01/04/2011) from the Prosecuting Attorney, requesting Council approval to apply for, receive and expend $32,335.00 from the County of Kauai, Community Development Block Grant Program Year 2011, to purchase a fuel efficient vehicle for Process Serving in low /moderate income areas. (Copy of Application on file in the County Clerk's Office.) C 2011 -51 Communication (01/07/2011) from the Chief, Building Division, Department of Public Works, requesting Council approval to apply for, receive, and spend the FEMA Hazard Mitigation Grant for the retrofit of the Kauai Historic County Building of which FEMA will fund $461,250.00 and the County's match will be $153,750.00. C 2011 -52 Communication (01/07/2011) from the Executive on Aging, requesting Council approval of the following: 1) Agency on Elderly Affair's (AEA) 4 -Year Area Plan on Aging (from October 1, 2011 through September 30, 2015). It serves as the blueprint and framework for program development and service delivery for the next four years and is a compliance document that will enable the County's AEA to receive federal funds and administer programs and services for older adults as an Area Agency on Aging. (Copy of Plan on file in the County Clerk's Office.) 2) to apply for, receive, and expend federal funds through the Older Americans Act, as amended, from the Administration on Aging, to cover the future Area Plan on Aging for Fiscal Year 2012 - 2015, in the anticipated total amount of $555,111.00 for FY 2012, for the first of a four -year funding period, and 3) to indemnify the State Executive Office on Aging. Council Meeting Agenda 4 January 26, 2011 C 2011 -53 Communication (01/06/2011) from Robert G. F. Lee, Major General, HING, Director of Civil Defense, informing the Council of the appointment of Mayor Bernard P. Carvalho, Jr. as the Deputy Director of Civil Defense for the County of Kauai, in accordance with H.R.S. Section 128 -3(d). CLAIMS: C 2011 -54 Communication (01/03/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Michael Cox for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: HOUSING / TRANSPORTATION / ENERGY CONSERVATION & EFFICIENCY COMMITTEE CR -HTE 2011 -01 on Bill No. 2390 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 ($575,000.00 -Kauai Bus services expansion) (Approved) ECONOMIC DEVELOPMENT & RENEWABLE ENERGY STRATEGIES COMMITTEE CR -EDR 2011 -01 on Bill No. 2391 A BILL FOR 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 - Kauai Visitors Bureau) (Approved) PUBLIC SAFETY & ENVIROMENTAL SERVICES COMMITTEE CR -PSE 2011 -01 on Bill No. 2387 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 ($1,571,001.00 - County 800 MHz radio system P25 compliance upgrade) (Approved Council Meeting Agenda COMMITTEE OF THE WHOLE CR -COW 2011 -06 on Bill No. 2389 CR -COW 2011 -07 on Bill No. 2392 CR -COW 2011 -08 on Bill No. 2393 RESOLUTIONS: 5 January 26, 2011 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 VARIOUS FUNDS AND MAKING THE APPROPRIATE TEXT CHANGES AS IT RELATES TO FURLOUGHS ($2,328,554.00) (Approved) 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 ($325, 000.00 - County Auditor) (Approved) A BILL FOR AN ORDINANCE AUTHORIZING THE COUNTY AUDITOR TO PROCURE THE SERVICES OF A CONTRACT AUDITOR AND APPROVING A CONTRACT FOR A CONTRACT AUDITOR FROM APPROPRIATIONS OF A LATER FISCAL YEAR AND FOR MORE THAN ONE FISCAL YEAR (Approved) Resolution No. 2010 -59, RESOLUTION AUTHORIZING THE ACQUISITION OF THE FEE SIMPLE INTEREST IN LANDS REQUIRED FOR PUBLIC USE TO WIT: AN ADDITION TO THE PUBLIC PARK SYSTEM, SITUATED AT HANALEI, DISTRICT OF HALELE`A, COUNTY OF KAUAI, STATE OF HAWAII, AND DETERMINING AND DECLARING THE NECESSITY OF THE ACQUISITION THEREOF BY EMINENT DOMAIN (Deferred 01/12/2011) Resolution No. 2011 -24, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF WATER SUPPLY (Daryl Wayne Kaneshiro) Resolution No. 2011 -25, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE COST CONTROL COMMISSION (Glen H. Takenouchi) Resolution No. 2011 -26, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE COST CONTROL COMMISSION (Laurie Lynn Koike Yoshida) Resolution No. 2011 -27, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF REVIEW (Jose Ricardo da Silva Diogo) Council Meeting Agenda 6 January 26, 2011 Resolution No. 2011 -28, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE COST CONTROL COMMISSION (Brant Shoichi Fuchigami) Resolution No. 2011 -29, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CHARTER REVIEW COMMISSION (Charles Patrick Stack) Resolution No. 2011 -30, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF ETHICS (Kathleen Ann Clark) Resolution No. 2011 -31, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE FIRE COMMISSION (Guy Spencer Croydon) Resolution No. 2011 -34, RESOLUTION ESTABLISHING NO- PARKING AT ANY TIME ALONG PORTIONS OF PO'IPU ROAD, KOLOA DISTRICT, COUNTY OF KAUAI Resolution No. 2011 -35, RESOLUTION INVITING THE MUNICIPALITY OF LAOAG, PROVINCE OF ILOCOS NORTE, REPUBLIC OF THE PHILIPPINES, TO ENTER INTO A SISTER -CITY RELATIONSHIP WITH THE COUNTY OF KAUAI, STATE OF HAWAII, UNITED STATES OF AMERICA BILLS FOR FIRST READING: Proposed Draft Bill (No. 2396) — A BILL FOR 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 ($525,448 — Golf Fund) Proposed Draft Bill (No. 2397) — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B- 2010 -705, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUA'I, 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 ($417,238 — Solid Waste Fund) Proposed Draft Bill (No. 2398) — 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 ($300,000 — Office of the County Clerk — Council Services Division) Council Meeting Agenda 7 January 26, 2011 BILLS FOR SECOND READING: Bill No. 2385 — 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 ($90,211- County Auditor) (Deferred 01/12/2011) Bill No. 2387 — 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 ($1,571,001.00 - County 800 Mhz radio system P25 compliance upgrade) (See CR -PSE 2011 -01; Public Safety & Environmental Services Committee recommended approval on 01 12012011) Bill No. 2389 — 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 VARIOUS FUNDS AND MAKING THE APPROPRIATE TEXT CHANGES AS IT RELATES TO FURLOUGHS ($2,328,554.00) (See CR -COW 2011 -06; Committee of the Whole recommended approval on 01 /2012011) Bill No. 2390 — 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 ($575,000.00 - Kauai Bus services expansion) (See CR -HTE 2011 -01; Housing /Transportation /Energy Conservation & Efficiency Committee recommended approval on 01 /2012011) Bill No. 2391 — A BILL FOR 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 — Kauai Visitors Bureau) (See CR -EDR 2011 -01; Economic Development & Renewable Energy Strategies Committee recommended approval on 01 /20/2011) Bill No. 2392 — 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 ($325,000.00 — County Auditor) (See CR -COW 2011 -07; Committee of the Whole recommended approval on 01 /20/2011) Council Meeting Agenda 8 January 26, 2011 Bill No. 2393 — A BILL FOR AN ORDINANCE AUTHORIZING THE COUNTY AUDITOR TO PROCURE THE SERVICES OF A CONTRACT AUDITOR AND APPROVING A CONTRACT FOR A CONTRACT AUDITOR FROM APPROPRIATIONS OF A LATER FISCAL YEAR AND FOR MORE THAN ONE FISCAL YEAR (See CR -COW 2011 -08; Committee of the Whole recommended approval on 0112012011) 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 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 -475 Pursuant to Haw. Rev. Stat. sections 92 -4, 92- 5(a)(2), (4) and (8), and Kauai County Charter §3.07(E), the purposes of this executive session are to consider the evaluation of officers and/or employees where consideration of matters affecting privacy will be involved, salary consideration, and associated 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. (Deferred 0111212010) ES -478 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 request for authority for partial settlement of claim, filed against the County by Shane N. Matias on June 2, 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 -479 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 consult with Council regarding legal issues concerning January 18, 2011 letter from County Auditor to Council, 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 -4188.