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Home My WebLink About12-15-2010 Council Agenda (Autosaved)COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, DECEMBER 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: Council Meeting of November 10, 2010 COMMUNICATIONS: C 2011 -04 Communication (11/03/2010) from the Chief of the Building Division, Department of Public Works, transmitting for Council information, the Building Permit Reports for October 2010: 1) Building Permit Processing Report 2) Building Permit Estimated Value Summary 3) Building Permits Tracking Report 4) Building Permits Status C 2011 -05 Communication (12/03/2010) from the Director of Finance, transmitting for Council consideration, a $1,571,001.00 appropriation from the surplus and appropriations estimated in the General Fund for Phase 1 of the upgrade to the County's 800 Mhz radio system to bring it into compliance with Project 25 (P25), as required by the Federal Government, and to qualify for future federal funding for additional upgrades. (See Proposed Draft Bill (No. 2387)) C 2011 -06 Communication (12/03/2010) from the Director of Finance, transmitting for Council consideration, a $2,767,592.00 appropriation from the surplus and appropriations estimated in the General Fund for the shortages in the Golf and Sewer Funds of $62,719.00 and $2,704,873.00, respectively. (See Proposed Draft Bill (No. 2388)) C 2011 -07 Communication (12/03/2010) from the Director of Finance, transmitting for Council consideration, a $2,328,554.00 appropriation from the surplus and appropriations estimated in various funds to provide funding to eliminate furloughs effective January 1, 2011. (See Proposed Draft Bill (No. 2389)) Council Meeting Agenda 2 December 15, 2010 C 2011 -08 Communication (12/03/2010) from the Director of Finance, transmitting for Council consideration, a $575,000.00 appropriation from the surplus and appropriations estimated in the General Fund for the expansion of the Kauai Bus Service, by including Sunday bus services and expanding existing from Monday through Friday services to 10:00 p.m. (See Proposed Draft Bill (No. 2390)) C 2011 -09 Communication (12/03/2010) from the Director of Finance, transmitting for Council consideration, a $200,000.00 appropriation from the surplus and appropriations estimated in the General Fund to fund promotional efforts by the Kauai Visitors Bureau. (See Proposed Draft Bill (No. 2391)) C 2011 -10 Communication (12/03/2010) from the Mayor, requesting Council consideration and confirmation of the following appointments and reappointments to various Boards and Commissions for the County of Kauai: (Applications on file in the County Clerks Office) • Michael Kano — Building Board of Appeals (Fire designation) • Miles Tanabe — Building Board of Appeals (Public At- Large) • Kurt Akamine — Board of Ethics • Mark Hubbard — Board of Ethics • Brad Nagano — Board of Ethics • Randall Nishimura — Board of Water Supply • Leland Kahawai — Board of Water Supply • Edgar Justus IV — Charter Review Commission • Stephanie Aranio — Civil Service Commission • Gilbert Maerina — Civil Service Commission • Lawrence Chaffin Jr. — Cost Control Commission • William Gibson — Liquor Control Commission • Shirley Akita — Liquor Control Commission • Dane Oda — Liquor Control Commission • James Nishida Jr. — Planning Commission • Charles Iona — Police Commission • Sheri Kunioka -Volz — Salary Commission • Robert Crowell — Salary Commission C 2011 -11 Communication (12/07/2010) from the County Auditor, requesting agenda time for R.C. Holsinger Associates to provide the Council with a report of the independent audit of the County's programs for the fiscal year ending June 30, 2010. (Copy of audit reports on file in the County Clerk's Office) C 2011 -12 Communication (11/04/2010) from the Director of Housing, requesting Council approval of the following: (1) to apply for, receive, and expend a $133,000.00 grant from the U.S. Department of Housing and Urban Development for the Housing Choice Voucher Family Self - Sufficiency Program Coordinator salaries, and (2) to indemnify the U.S. Department of Housing and Urban Development. Council Meeting Agenda 3 December 15, 2010 C 2011 -13 Communication (11/18/2010) from the Director of Parks & Recreation, requesting Council approval to replace equipment stolen from the Koloa Maintenance Shop at an approximate cost of $1,910.00 from its Parks supply account. C 2011 -14 Communication (11/19/2010) from the Prosecuting Attorney, requesting Council approval to (1) apply for, receive and expend federal funds from the Juvenile Accountability Block Grant in the amount of $22,750.00 for the period commencing January 1, 2011, and to (2) indemnify the State of Hawaii, Department of Human Services, Office of Youth Services. Funding will be allocated in support of the Kauai Teen Court Program. C 2011 -15 Communication (11/19/2010) from the Prosecuting Attorney, requesting Council approval to purchase two Presentation Flag Sets (one for the lobby and one for the prosecutor's office) for approximately $858.33 with departmental funds. C 2011 -16 Communication (12/06/2010) from the County Auditor, transmitting for Council consideration the following: (1) to appropriate $325,000.00 to pay for the engagement of a contract auditor to conduct Financial Statement Audits and Single Audits, and (2) to procure the services of a contract auditor to conduct Financial Statement Audits and Single Audits, and to pay for the engagement from the appropriations of a later fiscal year and for more than one fiscal year (multi -year contract). (See Proposed Draft Bills (Nos. 2392 and 2393)) C 2011 -17 Communication (12/08/2010) from Council Chair Furfaro, requesting the presence of the Director of Finance at the December 15, 2010 Council meeting to provide an update and to discuss the County's Furlough Plan and Draft Policy Regarding Budgetary Reserves, pursuant to Sections 32 and 33, respectively, of the Operating Budget for FY 2010 -2011. LEGAL DOCUMENT: C 2011 -18 Communication (11/15/2010) from the Director of Parks and Recreation, requesting Council approval of the following from the Association of Apartment Owners of Kapa`a Sands: • Right of Entry and License Agreement granting entry and access to Kapa`a Sands, Lot 4 -A and construction parcel C -1 (TMK 4 -4 -3- 02:02), to the County for the construction of the Lydgate- Kapa`a Shared -Use Path along Papaloa Road. Council Meeting Agenda 4 December 15, 2010 C 2011 -19 Communication (11/15/2010) from the Director of Parks and Recreation, requesting Council approval of three Ratification of Purchase Agreements (the original Purchase Agreement with the Association of Apartment Owners of the Kapa a Sands was approved at the July 28, 2010 Council Meeting) to acquire property for the Lydgate Park to Kapa`a Bike /Pedestrian Path along Papaloa road as follows: 1) Ratification of Purchase Agreement by Elizabeth Ellen VanEttinger 2) Ratification of Purchase Agreement by Willard F. Souza 3) Assignment and Ratification of Purchase Agreement by Mary Ellen O'Conner Davis and the Trustees of the Mary Ellen O'Conner Davis Trust (Copy on file in the County Clerk's Office) C 2011 -20 Communication (11/29/2010) from the Director of Housing, requesting authority from the Council to execute the following: • Ground Lease conveying a leasehold interest in Lot 4 -B, Subdivision S- 2007 -20, TMK (4) 2- 6- 15 -20, Paanau Village Phase 2 to Paanau Village Partners LP for the development of a 50 -unit affordable rental housing project in Koloa for households at or below 60% of the Kauai Median Income. CLAIMS: C 2011 -21 Communication (11/23/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Aloha -n- Paradise Espresso Bar & Internet Caf6 (Candy Baar) for loss of revenue, pursuant to Section 23.06, Charter of the County of Kauai. C 2011 -22 Communication (12/07/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Krista Dela Cruz for personal property damages, pursuant to Section 23.06, Charter of the County of Kauai. C 2011 -23 Communication (12/07/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Kathleen A. Smith for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. RESOLUTION: Resolution No. 2010 -39, RESOLUTION TO ESTABLISH A POLICY FOR FACILITATING OPEN GOVERNANCE AND INTERNET ACCESS TO PUBLIC DOCUMENTS (Deferred 0711412010 pending 6 -month review of the County's furlough plan.) Council Meeting Agenda 5 December 15, 2010 BILLS FOR FIRST READING: Proposed Draft 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) Proposed Draft Bill (No. 2388) — 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 ($62,719.00 — golf fund and $2,704,8 73. 00 — sewer fund) Proposed Draft 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) Proposed Draft 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 - Kaua`i Bus services expansion) Proposed Draft 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 — Kaua`i Visitors Bureau) Proposed Draft 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) Proposed Draft 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 CONRACT AUDITOR FROM APPROPRIATIONS OF A LATER FISCAL YEAR AND FOR MORE THAN ONE FISCAL YEAR Council Meeting Agenda 6 December 15, 2010 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. ADJOURNMENT. NOTE: If the Council is not finished with this meeting by approximately 1:30 p.m., it will recess for public hearings on the following. After the public hearings, the Council will reconvene to complete any unfinished business. 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 KAUA`l, 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) 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, 3371 -A WILCOX ROAD, LIHU`E, KAUAI. TELEPHONE NO. 241 -4188.