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Home My WebLink About03-09-2011 Council Agenda(ds)COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, MARCH 9, 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 meeting of the Council: Public Hearing of February 9, 2011 re: Special Council Meeting of February 22 Public Hearing of February 23, 2011 re: COMMUNICATIONS: Bill No. 2395 2011 Bills Nos. 2396, 2397 and 2398 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. (Deferred 0212312011) C 2011 -79 Communication (02/14/2011) from the Director of Housing, requesting Council approval to authorize the filing of the 2011 Action Plan for the County's 5 -year consolidated Plan to the U.S. Department of Housing and Urban Development and appropriation of funds for the HOME Investment Partnership Program, an allocation of $973,000 of HOME funds for Program Year 2011. (See Resolution No. 2011 -41) C 2011 -80 Communication (02/14/2011) from the Director of Housing, requesting Council approval to authorize the filing of the Kauai County 2011 Action Plan with the United States Department of Housing and Urban Development and appropriation of funds for the Community Development Block Grant Program an estimated allocation of $880,943 of grant funds. (See Resolution No. 2011 -42) Council Meeting Agenda 2 March 9, 2011 C 2011 -81 Communication (02/08/2011) from the Director of Parks and Recreation, requesting Council approval to accept a donation of an assortment of merchandise which includes books, games, greeting cards, clothes, key chains and other novelties valued at $10,000.00 by Borders Books, Movies & Caf6. The donations will specifically benefit participants of County programs done solely or in partnership with other non - profit organizations. C 2011 -82 Communication (02/15/2011) from the Director of Parks and Recreation, requesting Council approval to accept nine (9) pieces of stage risers valued at $1,500.00 to be used at the Kauai War Memorial Convention Hall in Lihu`e, donated by Halau Hula `O Leilani Booster Club under the direction of Kumu Hula Leilani Rivera Bond and President Darryl T. Low. C 2011 -83 Communication (02/04/2011) from the Director of Personnel Services, requesting Council approval of two (2) applications to dispose of government records, pursuant to Resolution No. 49 -86 (1986) as amended by Resolution No. 12 -91 (1991), as amended by Resolution No. 2008 -39. C 2011 -84 Communication (02/14/2011) from the County Engineer, requesting Council approval to purchase an Autocad 2011 Software Upgrade and three (3) additional 2011 Network Licenses, at the approximate cost of $30,000.00, for the Department of Public Works — Engineering Division to improve the efficiency of the current design capabilities and assist with the increasing demands of the current level of budgeted capital projects. C 2011 -85 Communication (02/15/2011) from the Director of Housing, requesting Council approval of a fee simple sale of the property known as Hookena at Puhi Unit No. 602 located at 2080 Manawalea Street, Lihu`e HI, 96766 for $155,000.00, instead of the previously approved price of $199,900.00 (see C 2009 -284) based on Comparative Market Analysis, and to authorize the County Clerk to sign all documents related to this transaction. C 2011 -86 Communication (03/02/2011) from Councilmember Bynum, requesting Council consideration to amend Resolution No. 2011 -04, Draft 1, relating to the establishment of the Human Resources Sub - Committee to the Committee of the Whole, by extending the reporting deadline by an additional 90 days. (See Resolution No. 2011 -43) C 2011 -87 Communication (02/01/2011) from the Chief of Police, transmitting for Council information, a notice of the rate increase from $30.00 per hour to $33.00 per hour, for Special Duty Officers and Administrative costs effective February 1, 2011. Council Meeting Agenda 3 CLAIMS: March 9, 2011 C 2011 -88 Communication (1/19/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by L. Steven Niau for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE CR -PSE 2011 -03 on 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 APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($417,238 — Solid Waste Fund) (Approved) FINANCE / PARKS & RECREATION /PUBLIC WORKS PROGRAMS COMMITTEE CR -FPP 2011 -01 on Bill No. 2398 COMMITTEE OF THE WHOLE CR -COW 2011 -09 on Bill No. 2396 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) (Approved) 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) (Approved) Council Meeting Agenda 4 March 9, 2011 CR -COW 2011 -10 on Bill No. 2388 RESOLUTIONS: 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 $2,704,873.00 — Sewer Fund) (Approved) Resolution No. 2011 -38, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE PLANNING COMMISSION (Herman John Texeira) (Deferred 0212312011 pending interview) Resolution No. 2011 -41, RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2011 ACTION PLAN (HOME INVESTMENT PARTNERSHIPS PROGRAM) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE II OF THE CRANSTON - GONZALEZ NATIONAL AFFORDABLE HOUSING ACT (PUBLIC LAW 101 -625), AS AMENDED Resolution No. 2011 -42, RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2011 ACTION PLAN (COMMUNITY DEVELOPMENT BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND 1987 (PUBLIC LAWS 93 -383 AND 100 -242), AS AMENDED Resolution No. 2011 -43, RESOLUTION AMENDING RESOLUTION NO. 2011 -04, DRAFT 1, TO EXTEND THE HUMAN RESOURCES SUB- COMMITTEE REPORTING DATE TO THE COMMITTEE OF THE WHOLE TO REVIEW AND PROPOSE REVISIONS TO THE PERSONNEL OF THE COUNTY COUNCIL AND COUNCIL SERVICES DIVISION OF THE COUNTY OF KAUAI Council Meeting Agenda 5 March 9, 2011 BILLS FOR SECOND READING: 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) (The PSE Committee recommended approval on second and final reading; see CR -PSE 2011 -03) 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) (The FPP Committee recommended approval on second and final reading; see CR -FPP 2011 -01) 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) (The COW Committee recommended approval on second and final reading; see CR -COW 2011 -09) 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 $2,704,873.00 —Sewer Fund) (The COW Committee recommended approval on second and final reading; see CR -COW 2011 -10) 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.) Council Meeting Agenda 6 March 9, 2011 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. 2399 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 23, OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE REGULATION OF BUSINESS AND TRADES 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.