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Home My WebLink About07-25-2012 Council Meeting Agenda (il)COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, JULY 259 2012 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 Li -hu`e, Kauai, Hawaii 96766 A. MEETING CALLED TO ORDER. B. ROLL CALL. C. APPROVAL OF AGENDA. D. MINUTES of the following meetings of the Council: 1. Minutes of the June 27, 2012 Council Meeting E. CONSENT CALENDAR: 1. C 2012 -219 Communication (06/28/2012) from the Mayor, transmitting for Council confirmation, Mayoral appointee Jo Ann Shimamoto to the Salary Commission, replacing Mr. William Dahle, and whose partial term ends 12/31/2012. (See Resolution No. 2012 -49.) 2. C 2012 -220 Communication (06/22/2012) from the Chief, Engineering Division, transmitting for Council consideration, a traffic Resolution establishing a 10 mph speed limit for Wa`a Road, Lihu`e District. (See Resolution No. 2012 -50.) 3. C 2012 -221 Communication (07/18/2012) from the Director of Finance, transmitting for Council consideration, amendments to the FY 2012 -2013 Operating and CIP Budgets to balance the General Fund CIP, Highway Fund CIP, and Sewer Fund CIP Accounts, including other "housekeeping measures." (See Proposed Draft Bill (No. 2441) and Proposed Draft Bill (No. 2442.) F. COMMUNICATIONS: 1. C 2012 -222 Communication (04/26/2012) from Council Chair Furfaro, requesting the presence of the County Engineer and the Chief of Buildings to provide an update on the repair and maintenance of the Kilauea Gym as it relates to the leaking roof, floor damage, and corrective action that has occurred to address the roof and floor. Council Meeting Agenda 2 July 25, 2012 2. C 2012 -223 Communication (07/06/2012) from the Director of Finance, transmitting for Council information, the Period 11 Financial Reports — Statement of Revenues as of May 31, 2012, for Fiscal Year 2012, pursuant to Section 21 of the Operating Budget Ordinance (B- 2011 -732), County of Kauai. (Statement of Revenues — Estimated and Actual, Statement of Expenditures and Encumbrances, Revenue Report, and Detailed Budget Report on file in the County Clerk's Office.) 3. C 2012 -224 Communication (07/02/2012) from the Housing Director, requesting Council approval to decline the County's option to repurchase Unit No. 58, Villas at Puali, located at 1984 Haleukana Street, Llhu`e, Hawaii, 96766, and to grant the owner a waiver of the buyback and allow the market sale of the unit for a period of one -year. 4. C 2012 -225 Communication (06/26/2012) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend federal funds from the S.T.O.P. Violence Against Women Grant for the Domestic Violence Prosecution Unit (DVPU) in the amount of $47,903.00, and to approve the indemnification of the State of Hawaii, Department of the Attorney General. Funding received will be expended on salaries /wages and supplies for the DVPU for the term commencing July 1, 2013 to June 30, 2014. 5. C 2012 -226 Communication (07/02/2012) from the Executive on Aging, requesting Council approval to indemnify the Church of the Pacific for use of their hall to be used for the Better Choice, Better Health workshops, also known as the Chronic Disease Self Management Program. G. LEGAL DOCUMENT: 1. C 2012 -214 Communication (07/04/2012) from the Director of Finance, recommending Council approval of the following: • License agreement for 3.491 acres of land in Puhi (Lot 1540, Li -hu`e, Kauai, Hawaii) to be used by the Kauai Philippine Cultural Center (KPCC), a 501 -C -3 nonprofit, as the location of a community center to benefit and honor the history and cultures of the people of Kauai, and which license will assist the KPCC to leverage further future funding and grant assistance. (Deferred 0711112012) Council Meeting Agenda 3 July 25, 2012 2. C 2012 -227 Communication (07/19/2012) from Ian Jung, Deputy County Attorney, recommending that C 2012 -214, relating to a License Agreement for the Kauai Philippine Cultural Center, be received for the record, and that the following License Agreement be approved: • License agreement for a term of 99 years with a net annual rental of One Dollar ($1.00) for 3.491 acres of land in Puhi (Lot 1540, Li -hu`e, Hawaii) to be used by the Kauai Philippine Cultural Center (KPPC), a 501 -C -3 nonprofit, as the location of a community center to benefit and honor the history and cultures of the people of Kauai, and which license will assist the KPCC to leverage further future funding and grant assistance. H. COMMITTEE REPORTS: 1. PLANNING COMMITTEE REPORT: a. CR -PL 2012 -04: on PL 2012 -01 Communication (06/29/2012) from Committee Chair Nakamura, requesting the presence of the Planning Director to provide an overview on the Planning Department's FY 2009 -10 to 2014 -2015 Capital Improvement Program Report (6 -year CIP), including, but not limited to, the process for implementation and management of the Planning Department's CIP Projects. [Received for the record.] 2. HOUSING /TRANSPORTATION/ENERGY CONSERVATION & EFFICIENCY COMMITTEE REPORT: a. CR -HTE 2012 -09: on HTE 2012 -12 Communication (06/26/2012) from Committee Chair Yukimura, requesting agenda time to provide a presentation from the 11th Annual New Partners for Smart Growth Conference, held on February 2 -4, 2012 in San Diego, California, regarding progressive trends in State transportation policy. [Received for the record.] 3. PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE REPORT: a. CR -PSE 2012 -06: on PSE 2012 -04 Communication (05/25/2012) from Committee Chair Rapozo, requesting the presence of the Civil Defense Manager to provide a further update on the County's response to the recent storm and flooding on Kauai and the federal declaration of April 18, 2012. [Received for the record.] Council Meeting Agenda 4 July 25, 2012 I. RESOLUTIONS: 1. Resolution No. 2012 -49, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE SALARY COMMISSION (Jo Ann Shimamoto) 2. Resolution No. 2012 -50, RESOLUTION ESTABLISHING 10 MPH SPEED LIMIT FOR WA`A ROAD, LIHU`E DISTRICT, COUNTY OF KAUAI J. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2441) - AN ORDINANCE AMENDING ORDINANCE NO. B- 2012 -736, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL, HIGHWAY, AND SEWER FUNDS 2. Proposed Draft Bill (No. 2442) - AN ORDINANCE AMENDING ORDINANCE NO. B- 2012 -737, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL, BOND, AND SEWER TRUST FUNDS K. 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. §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.) 1. ES -563 Pursuant to Haw. Rev. Stat Sections 92 -4 and 92- 5(a)(4), and the Kauai County Charter Section 3.07(E), the County Council requests this executive session with the County Attorney to provide the Council with a briefing, discussion and consultation on the quarterly report on pending and denied claims report. 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. 2. ES -564 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 to settle the claim against the County of Kauai by Akinaka & Associates, Ltd, filed on May 14, 2012, 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. Council Meeting Agenda 5 July 25, 2012 L. ADJOURNMENT. M. 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, 4396 RICE STREET, SUITE 209, L1HU`E, KAUAI. TELEPHONE NO. 241 -4188. FACSIMILE NO. 241 -6349.