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Home My WebLink About08-08-2012 Council Meeting Agenda (ds)COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, AUGUST 8, 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. Special Council Meeting of April 4, 2012 2. Council Meeting of April 25, 2012 3. Special Council Meeting of May 16, 2012 4. Council Meeting of July 11, 2012 5. Public Hearing of July 11, 2012 re: Bill No. 2438 6. Special Council Meeting July 18, 2012 E. CONSENT CALENDAR: 1. C 2012 -228 Communication (07/25/2012) from the Mayor, transmitting for Council consideration, the Cost Control Commission's recommendation to increase the Service Charge assessed for Dishonored Checks, Section 28.05 of the Kauai County Charter. (See Proposed Draft Bill (No. 2443). 2. C 2012 -229 Communication (04/11/2012) from the Director of Budget and Purchasing, transmitting for Council information, FY 11/12 4th Quarter Statement of Equipment Purchases, pursuant to Section 18 of the Operating Budget Ordinance No. B- 2011 -732. 3. C 2012 -330 Communication (08/02/2012) from Councilmember Kuali`i, transmitting for Council consideration a Resolution relating to smoke -free county parks and calling for a State ban on underage smoking and smoking at all public beaches. (See Resolution No. 2012 -51.) COUNCIL MEETING AGENDA 2 AUGUST 8, 2012 F. COMMUNICATIONS: 1. C 2012 -331 Communication (07/17/2012) from the Director of Personnel Services, requesting Council approval to dispose of Application Record (paper applications, drivers license and transcripts) January 1, 2007 - present, pursuant to Section 46 -43, Hawaii Revised Statutes and Resolution No. 49 -86 (1986) as amended, for the following reasons: 1. Kept for over two (2) years and original verified to be on file with NEOGOV (Recruitment Computerized System). 2. Originals scanned and attached, stored electronically. 2. C 2012 -332 Communication (07/19/2012) from the Housing Director, requesting Council approval to decline the County's option to repurchase Unit No. 36, Villas at Puali, located at 1963 Hokunui Place, Lihu`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. 3. C 2012 -333 Communication (07/19/2012) from the Housing Director, requesting Council approval to decline the County's option to repurchase Unit No. 81, Villas at Puali, located at 1936 Hokulei Place, Lihu`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 -334 Communication (07/19/2012) from the Executive on Transportation, requesting Council approval to apply for, receive, indemnify and expend a Federal Transit Administration (FTA) Section 5311 and 5311(b)(2) Rural Transit Assistance Program (RTAP) grant for operational, administrative and training expenses for the County Transportation Agency in the amounts of $595,843.00 and $10,925.00 respectively. 5. C 2012 -335 Communication (07/20/2012) from the Prosecuting Attorney, requesting Council approval to apply, receive and expend Kauai VOCA Expansion Program federal funds in the amount of $203,109.00, and approval to indemnify the State of Hawaii, Department of the Attorney General, for salaries, fringe, and operational expenses for the Office of the Prosecuting Attorney Victim /Witness Program for the term commencing August 1, 2012. COUNCIL MEETING AGENDA 3 AUGUST 8, 2012 6. C 2012 -336 Communication (07/20/2012) from the Prosecuting Attorney, requesting Council approval to apply, receive and expend State of Hawaii, Office of Youth Services funds for the Keiki P.O.H.A.K.U. Diversion Program in the amount of $35,000.00, and approval to indemnify the State of Hawaii, Office of Youth Services for the term commencing August 15, 2012 7. C 2012 -337 Communication (07/25/2012) from the Prosecuting Attorney, requesting Council approval to apply, receive and expend State of Hawaii funds in the amount of $70,290.00 for the Victim Witness Program, which will be utilized to fund a temporary Victim Witness Counselor I position ($43,296.00), temporary set of Professional Equipment ($5,260.00), Fringe Benefits ($16,364.00), Operational Supplies ($5,000.00) and Travel Expenses ($1,000) Fiscal Year 2013 to fulfill important aspects of the Justice Reinvestment Initiative. G. CLAIMS: 1. C 2012 -338 Communication (06/04/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Greg Vajda, for damage to his personal property, pursuant to Section 23.06, Charter of the County of Kauai. 2. C 2012 -339 Communication (06/04/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by James Dizol, for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. 3. C 2012 -340 Communication (06/04/2012) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Tiana Aguiar, for damage to her personal property, pursuant to Section 23.06, Charter of the County of Kauai. H. LEGAL DOCUMENT: 1. C 2012 -341 Communication (08/02/2012) from the Environmental Services Management Engineer, Public Works, Solid Waste Division, requesting Council approval of the right -of -entry agreement and indemnification of Kekaha Agriculture Association as follows: • Right -of -Entry Agreement ( Kekaha Certified Redemption Center). COUNCIL MEETING AGENDA 4 AUGUST 8, 2012 I. COMMITTEE REPORTS: 1. HOUSING / TRANSPORTATION / ENERGY CONSERVATION & EFFICIENCY COMMITTEE: a. CR -HTE 2012 -10 on HTE 2012 -11 Communication (05/23/2012) from Committee Chair Yukimura, requesting agenda time to discuss the Hawaii State Legislature's approval of Senate Bill 3025, its effect on the Counties, and its implementation. (Received for the record) 2. PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE: a. CR -PSE 2012 -07 on Bill No. 2435 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, BY ESTABLISHING A NEW ARTICLE RELATING TO ALARM SYSTEMS (Approved, as amended) 3. FINANCE / PARKS & RECREATION / PUBLIC WORKS PROGRAMS COMMITTEE: a. CR -FPP 2012 -10 on Bill No. 2437, Draft 1 4. COMMITTEE OF THE WHOLE: a. CR -COW 2012 -17 on COW 2012 -06 A BILL FOR AN ORDINANCE TO AMEND SECTION 19 -1.3 AND SECTION 19 -1.4 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PARKS AND RECREATION (Approved, as amended) Communication (07/19/2012) from the Council Chair and Councilmember Nakamura, requesting agenda time for Hawaii Health Connector to provide a brief introduction and overview of "The Hawaii Health Connector," which was established pursuant to Act 205 (SLH 2011) in accordance with the Federal Affordable Care Act (ACA), and the services the organization provides as the "State- based" Exchange. (Received for the record.) COUNCIL MEETING AGENDA 5 AUGUST 8, 2012 J. RESOLUTIONS: 1. Resolution No. 2012 -51, RESOLUTION RELATING TO SMOKE - FREE COUNTY PARKS AND REQUESTING STATE BAN ON UNDERAGE SMOKING AND SMOKING AT ALL PUBLIC BEACHES K. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No.2443) — A BILL FOR AN ORDINANCE AMENDING SECTION 6 -5.1 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PAYMENT TO COUNTY BY CHECK OR NEGOTIABLE INSTRUMENT, SUBSEQUENTLY DISHONORED L. BILLS FOR SECOND READING: 1. Bill No. 2435, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, BY ESTABLISHING A NEW ARTICLE RELATING TO ALARM SYSTEMS (See CR -PSE 2012 -07, Public Safety & Environmental Services Committee recommended approval as amended to Draft 1 on August 1, 2012.) 2. Bill No. 2437, Draft 2 - A BILL FOR AN ORDINANCE TO AMEND SECTION 19 -1.3 AND SECTION 19 -1.4 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PARKS AND RECREATION (See CR -FPP 2012 -10, Finance/Parks& Recreation/Public Works Programs Committee recommended approval as amended to Draft 2 on August 1, 2012.) M. 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. x'92 -4 and shall be limited to those items described in H.R.S. x'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.) N. ADJOURNMENT. COUNCIL MEETING AGENDA 6 AUGUST 8, 2012 O. PUBLIC HEARING NOTE: if the Council is not finished with this meeting by approximately 1:30 p.m., it will recess for public hearing on the following. After the public hearing, the Council will reconvene to complete any unfinished business. [ *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.] For a copy of the notice, please go to: http: / /www.kauaigov /Government /County Council/ CouncilA2 endasandPublicHearin�,Notices /tabid /73 /Default.asp 1. Bill No. 2440 A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED RELATING TO REAL PROPERTY TAX P. 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, LIHU`E, KAUAI. TELEPHONE NO. 241 -4188. FACSIMILE NO. 241 -6349.