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Home My WebLink About02-23-2011 Council AgendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, FEBRUARY 23, 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: Special Council Meeting of January 25, 2011 Council Meeting of January 26, 2011 COMMUNICATIONS: C 2011 -71 Communication (01/26/2011) from the Director of Finance, transmitting for Council information, Fiscal Year 2011 Period 6 Financial Reports — Statement of Revenues as of December 31, 2010, pursuant to Section 21 of the Operating Budget Ordinance (B- 2010 -705). (Statement of Revenues — Estimated and Actual, Revenue Report, Statement of Expenditures and Encumbrances, and Detail Budget Report on file in the County Clerk's office.) C 2011 -72 Communication (02/09/2011) from Councilmember Kawakami, providing written disclosure for the record of a possible conflict of interest regarding Proposed Draft Bill (No. 2400) because of his employment position and family involvement in retail and food service establishments, and that for these reasons he will recuse himself from any discussion or deliberation on this item. C 2011 -73 Communication (02/09/2011) from the Mayor, transmitting for Council consideration and confirmation, his appointment of Gaylord Mamoru Fukumoto to the Building Board of Appeals. (See Resolution No. 2011- 39) C 2011 -74 Communication (02/11/2011) from Council Chair Furfaro, transmitting for Council consideration and confirmation, appointee Linda Akana Sproat to the Public Access, Open Space, and Natural Resources Preservation Fund Commission. (See Resolution No. 2011 -40) Council Meeting Agenda 2 February 23, 2011 C 2011 -75 Communication (02/10/2011) from Council Chair Furfaro, requesting the Administration's presence to provide the Council with an update on the Kapaia Swinging Bridge Project. C 2011 -76 Communication (02/16/2011) from Council Chair Furfaro, requesting the Administration's presence to provide the Council with an update on the County's Islandwide Road Resurfacing Program. LEGAL DOCUMENT: C 2011 -68(a) Communication (01/13/2011) from the Director of Parks & Recreation, requesting Council approval of the following to facilitate KIUC utility easements with the State of Hawaii, which is necessary to provide electricity to the comfort station at Kapa`a Park (section known as Lihi Park): • Utility Relocation Agreement (TMK No. (4) 4 -5 -06 -001) C 2011 -77 Communication (01/14/2011) from the Mayor, requesting Council approval of the following from McBryde Sugar Company, Limited: • Dedication Deed conveying Lot B -5 (TMK (4) 2 -6- 003:001 (por.)) K61oa, Kauai, Hawaii, to the County of Kauai for roadway purposes (Western Bypass Road — Southern Leg). CLAIMS: C 2011 -78 Communication (02/03/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Gary Higgins for damage to his personal property, physical injury, medical bills, and emotional trauma, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE CR -PSE 2011 -02: on PSE 2011 -01 RESOLUTIONS: Communication (02/08/2011) from Committee Chair Rapozo, requesting agenda time for a briefing on the various drug - related bills pending before the Hawaii State Legislature to be given by Shaylene Iseri - Carvalho, Prosecuting Attorney, and Keith Kamita, Deputy Director of Law Enforcement, State of Hawaii Department of Public Safety. [Received for the record.] Resolution No. 2011 -32, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE FIRE COMMISSION (Darnney L. Proudfoot) Council Meeting Agenda 3 February 23, 2011 Resolution No. 2011 -33, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE SALARY COMMISSION (Randy Finlay) Resolution No. 2011 -36, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CIVIL SERVICE COMMISSION (John Harold Low) (Deferred 0210912011 pending interview) Resolution No. 2011 -37, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE PLANNING COMMISSION (Wayne Kazuo Katayama) (Deferred 0210912011 pending interview) Resolution No. 2011 -38, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE PLANNING COMMISSION (Herman John Texeira) (Deferred 0210912011 pending interview) Resolution No. 2011 -39, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Gaylord Mamoru Fukumoto) Resolution No. 2011 -40, RESOLUTION CONFIRMING COUNCIL APPOINTMENT TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND COMMISSION (Linda Akana Sproat) 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.) 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. Council Meeting Agenda 4 February 23, 2011 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. 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 APPROPRLITIONS ESTIMATED IN THE GENERAL FUND ($525,448— Golf Fund) 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 KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRL4TIONS ESTIMATED IN THE GENERAL FUND ($417,238 — Solid Waste Fund) 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 APPROPRL4TIONS ESTIMATED IN THE GENERAL FUND ($300,000 — Office of the County Clerk — Council Services Division) 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.